On behalf of The Marks Law Firm, L.L.C. posted in Paternity on Wednesday, October 13, 2010
An Indiana couple fears losing the adopted boy, Grayson, they have loved as a son for nearly three years while the boy’s biological father hopes to make up for the three years he lost. The Ohio Supreme Court ruled today that they would not reconsider the lower court ruling granting custody to Grayson’s biological father.
Grayson was conceived during an affair his married mother had with his biological father. The mother and her husband, who was presumed the legal father at the time, gave Grayson up for adoption immediately after his birth. While the adoption was being processed, Grayson’s father learned of his birth and instantly sought to prevent the adoption after a paternity test proved he was in fact the biological father.
The major issue in the case concerned whether or not the status of a father as putative or biological could change for the purpose of adoption after papers had been filed. Under Ohio law, a putative father must support the mother and child during pregnancy and after birth which Grayson’s father failed to do. The court ruled that the status could be changed after the papers had been filed. A contrary ruling would have produced the opposite result leaving Grayson with his adoptive parents.
Cases such as this one can be very complicated and emotional, sparking controversy in the hearts and minds of people across the nation. Often times both parties claiming custody of a child would make great parents and it is not a matter of deciding who is a better person. Courts must consider what is in the best interest of the child and what the State’s law will allow. In this case, both parties have agreed to mediation in an attempt to solve their dilemma.
Source: News and Tribune “Ohio Supreme Court will not reconsider Vaughn adoption decision” Matt Thacker 10/7/10