Can You Terminate an Absent Father's Parental Rights Without an Adoption in Ohio?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 4, 2026
Legal Inquiry
Consumer Legal Issue
My daughter’s father has never been in her life, never tried and only pays child support. I wanted to see how to go about getting his rights completely taken so him and his family both lose rights to her.
How do I go about taking his parental rights away?
Attorney Answer
Under Ohio law, you generally cannot ask a court to terminate the father's parental rights simply because he has been absent and only pays child support — outside of an abuse, neglect, or dependency case brought by a state agency, terminating a parent's rights almost always happens through an adoption proceeding, most commonly a stepparent adoption.
Under Ohio Revised Code § 3107.07, a parent's consent to the adoption isn't required if the court finds, by clear and convincing evidence, that he failed without justifiable cause to have more than minimal contact with your daughter, or to provide meaningful and regular support, for the one-year period immediately before the adoption petition is filed. Without someone positioned to adopt her — a new spouse or another relative — Ohio courts are generally very reluctant to terminate a parent's rights and leave a child with no second legal parent. Termination isn't required for you to remain her primary parent; you can continue as her sole custodian without ever terminating his legal status.
What you can do:
1. If you remarry, or a relative is willing to adopt your daughter, that adoption case is the route for seeking termination of the father's rights, using his lack of contact and support as grounds.
2. If no one is positioned to adopt her right now, focus on your existing custody arrangement rather than pursuing termination on its own.
3. Expect the father to receive notice of any adoption petition and an opportunity to respond.
4. Have a local family law attorney evaluate whether the one-year no-contact/no-support standard is met and which path fits your situation.
Relevant Case Law
In re Adoption of L.M.C., 2023 Ohio 3119 (2023) — Ohio Court of Appeals
Generally, a petition to adopt a minor child may only be granted if the natural mother and father of the child execute written consent or the probate court finds, pursuant to R.C. 3107.07(A), that consent is unnecessary.
It confirms the answer's central point that in Ohio an absent parent's rights are ordinarily ended through an adoption in which the court finds consent unnecessary under R.C. 3107.07(A).
Read the full opinion (CourtListener)
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Frequently Asked Questions
Can a parent's rights be terminated just for being absent and only paying child support?
Generally no; outside of an abuse or neglect case brought by a state agency, terminating a parent's rights typically happens through an adoption proceeding, such as a stepparent adoption.
What must be shown to adopt a child without an absent parent's consent?
Many states allow a court to waive that parent's consent if there's clear and convincing evidence of failure to have meaningful contact or provide support for a specified period, often one year.
Do I need to terminate a parent's rights to remain my child's primary caregiver?
Generally no; a custodial parent can remain the child's primary caregiver under an existing custody order without ever terminating the other parent's legal status.
