What is Abandonment in Ohio?
The legal definition of abandonment in Ohio can be somewhat complex. However, generally speaking, a person may be considered to have abandoned a child if "the parent has failed to care for the future physical, mental, and emotional health and growth of the child for a substantial time immediately preceding the institution of an action or proceeding to terminate parental rights." For the law to consider actions as abandonment, those actions must either satisfy one of two conditions: (1) "had been unreasonably without a contact with the child for at least ninety consecutive days immediately prior to the filing of an action for the termination of parental rights" or (2) "more than once involved the infliction of physical harm on the child or another child of the parent that , based on all circumstances of the case, demonstrates the parent is unlikely to change." In order for the father to be held legally responsible for the abandonment, the Ohio statute requires you to prove that he had the legal ability to have assumed responsibility for the child and had failed to exercise that duty. Courts around the country have ruled that the behavior of the non-custodial parent has to either demonstrate intent to abandon or be so strong that it overtakes a presumption of intent to parenting in order for the courts to make a finding of abandonment.
The Different Types of Abandonment Situations
There are multiple circumstances in which abandonment may be involved. In Ohio, situations may vary from not paying child support, to abandoning property or commercial interests, to spousal abandonment.
Abandonment of children under the age of 18 is defined as the voluntary and intentional withholding from a child any parental affection, care, guidance or support due that child. This includes both physical abandonment and emotional abandonment. More than just a failure to pay child support, abandonment can be found in situations where a parent chooses to exercise little or no contact with the child as a means to inflict denial or harm to that child or another person. Abandonment and willful refusal to provide care for another adult may comprise the crime of neglect. Ohio law defines neglect as the failure of a parent or other custodian to care, support, protect and provide necessary supervision. The failure of a spouse to provide food, clothing and shelter, medical care or emotional and physical support may also constitute abandonment. The law regarding landlord-tenant issues allows various circumstances to define abandonment. If a tenant leaves the premises unfinished before the lease period ends, the landlord may have the right to evict the tenant for abandonment. A tenant may be considered to have abandoned the leased premises if he or she is absent for an extended period of time without notice and intent to return. If a tenant abandons assigned space in a commercial building, his or her lease may be considered void. Abandonment of property in Ohio occurs when a property owner refuses to claim a structure, tool or land parcel. A bona fide abandonment may occur when a property owner intentionally relinquishes his or her legal rights to a property or structure. If a property owner is intent on relinquishing ownership of an asset by abandoning it, the abandonment must be public, unconditional and absolute. If a business partner "deserts" a partnership by failing to actively contribute to the interest owned by him or her, his or her actions may constitute abandonment of a partnership interest. The partner may not derive any benefit from his or her partner’s non-participation in the business. Ohio courts may determine if an employee abandons his or her duty during employment. If an employee anticipates leaving his or her job and doesn’t give proper notice, the employee may face criminal or civil penalties for abandonment.
Legal Ramifications of Ohio Abandonment
Legal Consequences of Abandonment in Ohio
If the evidence leads the court to find a person has abandoned their spouse or child, there are both civil and criminal consequences that person may face.
In family law cases, one of the most common forms of civil abandonment is in the context of spousal support. The court has discretion if it finds a spouse has abandoned the other spouse to reduce or terminate spousal support payments. Unlike other states that have more defined elements, Ohio does not define the exact parameters for abandonment.
However, Ohio case law has outlined what a court should consider when reducing or terminating spousal support for abandonment. They include:
Even though the level of criminal abandonment in Ohio can be either a felony or a misdemeanor, the penalties and punishments vary depending on the age of the victim, the circumstances and the relationship. For example, if the victim is less than eight years old, abandonment is a third-degree felony, and the crime is punishable by three to five years of incarceration. If the victim is older, abandonment is a fourth-degree felony, and the charge is punishable by up to 18 months in jail.
A person convicted with misdemeanors faces a fine of up to $1,000 and up to six months in jail.
Child Abandonment and Custody Issues
Beyond the general standards outlined for abandonment, Ohio also has a specific set of laws that apply to children. While there is no precise definition for child abandonment in Ohio, from a family law perspective it is understood to mean that the parent or guardian of a child has not exercised physical custody of the child for at least six months.
The law is intended to provide some measure of latitude for parents who might, for various reasons, not be able to maintain physical custody of a child. There are many circumstances where the state of affairs is no fault of the parent, especially when they are unable to afford basic essentials due to the impact of an economic downturn or other type of catastrophic event. However, if an individual is actively choosing not to exercise their rights to custody, responsibilities regarding parental obligations to care for basic needs, or abandons their financial obligations in the child’s upbringing, abandonment may be a factor considered by the court for determining custody in child custody hearings.
Even though a parent might not be actively exercising custody based on the abandonment criteria, that is not always the basis the state will use for determining future custody arrangements. Unless rights of custody have been terminated, or limits have been set due to abusive behavior or similar actions, courts tend to favor parents maintaining some level of physical custody of a child. It is only in instances where abuse or neglect has been proven in court where priorities are normally shifted with a heavier favor towards the potentially abandoning parent receiving custody with limited rights of access. This usually occurs when the offending parent has physically harmed the child, engaged in inappropriate behavior with the child, or has neglected them in some severe fashion that places the child’s physical wellbeing in jeopardy.
How to Deal With Abandonment
If you believe that you are a victim of abandonment, or believe you know someone who has abandoned their spouse, child, home, or property in Ohio, you have the right to report the matter to the police and file an official complaint. According to state law and Ohio law, the initial step for reporting abandonment involves notifying the proper authorities that a matter has occurred. The police officer who shows up to the scene will proceed to take an official complaint and document all relevant information before making a statement. During this investigation, the police will determine if a report has been filed, and whether to pursue further action or file charges if needed. If children are involved, the attorney general’s office may take action in the best interest of the child. In cases involving spousal abandonment, both parties will undertake a divorce process. If you suspect that there is a case of abandonment occurring in or around your local area , you can proactively report it to the County Department of Job and Family Services Children’s Services Division. The forms provided on the County Department of Job and Family Services Children’s Services Division website can be completed by anyone having knowledge of a child’s situation. Any person may submit a report and make a referral to the local Children’s Services agency in their state. In most cases, a caseworker will then contact the person to request further information about the matter. Once a report has been made, and the county has completed their assessment, the matter will be logged into the statewide reporting system. At the end of the investigation, the County Department of Job and Family Services Children’s Services Division will issue a closing letter, notifying the person of the results of their investigation.
How to Avoid an Abandonment Case
Families often make plans to move, travel or relocate for a variety of motives. Nearly every situation involves at least some distance between the parties, particularly in the event of divorce. In some cases, however, the distance could increase to the point where it constitutes or actually leads to parental abandonment. Fortunately, both parents can amicably structure arrangements that avoid the risk of parent-child separation in the first place.
It is generally at the parents’ discretion whether one takes a job in another state for instance. Likewise, custodial parents can decide whether they want to go on vacation or even for a weekend visit to relatives out of state. But understanding the laws regarding abandonment and how to avoid it is critical for fathers, especially when dealing with longtime out-of-state relationships with the mother as discussed in the scenarios above.
The bottom line is there are workable solutions to the challenges of long-distance parenting. Such measures as parenting agreements, mediation, open communication and proper legal counsel can help them avoid running afoul of the law — as well as dealing with the consequences of a possible abandonment allegation.
Common Questions Regarding Ohio Abandonment
Q: What constitutes abandonment in Ohio?
A: While not explicitly defined in Ohio law, abandonment generally includes actions like leaving a child with someone else without any provision for future care, failing to communicate with the child for more than six months, or not providing financial support for the child’s needs.
Q: Can grandparents file for custody if parents have abandoned a child and they believe the child is in danger?
A: Yes. Grandparents can seek custody of grandchildren in Ohio under certain circumstances, including when a parent has abandoned the child or is unfit to care for the child.
Q: Is legal aid available for those who have had their children abandoned by their parental rights at OH, even if they are not relatives?
A: Yes. Many legal aid services provide help in cases of abandonment or parental rights termination. Check with your local legal aid service for specifics about eligibility.
Q: Are there any time limits for filing an abandonment case in Ohio?
A: There are generally no time limits for filing to terminate parental rights due to abandonment in Ohio. However , the sooner you can initiate the proceedings, the better; children’s needs evolve quickly, and any conviction against parents can occur more quickly.
Q: What are more grounds for termination of parental rights in Ohio, besides abandonment?
A: In addition to abandonment, another ground for termination is parent being convicted of rape, sexual battery, or other sexual offenses against the child, a sibling of the child or a child of the offender who lived in the household of the offender.
Q: After a conviction of abandonment, will parents have any chance of appeal?
A: Yes. An appeal from a trial court to the Court of Appeals in your district is commonly available, and children who are old enough to express their opinions may even testify before courts under certain limitations, depending on age and condition.