Probate Law News

Adoption Hearing Notice Not Required To State That Consent, Best-Interest Issues Will Be Addressed

In a unanimous decision announced today, the Supreme Court of Ohio held that when a probate court notifies a child's natural parent regarding a hearing to consider the child's adoption, the court is not required to include in its notice specific mention that the scheduled hearing will address both parental consent and best-interest-of-the-child issues.

The decision, authored by Justice Maureen O'Connor, also held that there is no statutory or constitutional prohibition against a court's consideration of parental consent and the best-interest issues at a single hearing, so long as biological parents receive the required statutory notice. The Court noted, however, that if a probate court decides in its discretion to hold more than one hearing on an adoption petition, a natural parent must be notified of the dates and times of all hearings, even if that parent's consent to the adoption is not required.

The case involved an effort to set aside as invalid the 2001 adoption of two minor children by their stepfather, Robert Walters. In the course of a divorce action filed in 2003, Walters challenged the adoption based on an alleged failure by the Fairfield County Probate Court to give proper notice of a hearing in the adoption proceedings to the children's natural father, William Wright.

Wright and the children's mother, Atheena Walters, who then lived in Alabama, were divorced in 1997. In 1999, Mrs. Walters and the children moved from Alabama to Lancaster, Ohio, where she subsequently married Robert Walters. In July 2001, Mr. Walters filed a petition in Fairfield County Probate Court seeking to legally adopt the children. At that time, Mrs. Walters advised the court that the current residence of her ex-husband was unknown, and the court authorized the service of notice on William Wright regarding a scheduled adoption hearing by means of an advertisement published in the Lancaster Eagle Gazette. The notice published in the newspaper included the date and time of the scheduled hearing and indicated that the court would consider the issue of parental consent to the adoption, but did not specifically state that at the same hearing the court would also determine whether adoption of the children by Mr. Walters was in their best interest. Read more at state.oh.us.

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	Did You Know?
	You May Be Able To Avoid Probate A living trust is one way someone may be able to eliminate the need for probate. This trust holds legal title to your property after your death and will survive you after your death. Always consult a probate lawyer first.