In re Adoption of M.B.
Annotate this CaseFather and Mother divorced, and Mother was granted custody of Child. Husband made child support payments until 2007. Afterwards, he sent Child a Christmas and birthday gift. Mother's husband, Stepfather, subsequently filed a petition to adopt Child. The probate court determined that Father's gifts to Child did not constitute maintenance and support for purposes of R.C. 3107.07(A), that Father had failed without cause to provide maintenance and support preceding the filing of the adoption petition, and thus, Father's consent was not needed for the adoption. The appellate court reversed. The Supreme Court reversed the appellate court and reinstated the judgment of the probate court, holding (1) de minimis monetary gifts from a biological parent to a minor child do not constitute maintenance and support for purposes of section 3107.07(A); and (2) a probate court determination of whether a financial contribution constitutes maintenance and support for purposes of section 3107.07(A) is reviewed for an abuse of discretion, but whether justifiable cause for the failure to pay child support has been proved by clear and convincing evidence is a separate question for the probate court and will not be disturbed on appeal unless it is against the manifest weight of the evidence.
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