Sunday, December 24, 2006

Case Law Development: The Power of A Christmas Card

Some Christmas cards are more important than others...

The Ohio Court of Appeals held this past week that, even though a father's sole contact with his child during the year was a Christmas card and gift card, this was sufficient "communication" with the child to require the father's consent to the child's step-father's petition to adopt the child.

The court's anaylsis was premised on a strict reading of the statutory requirement:

Our reading of the statute indicates that the legislature intended to adopt an
objective test for analyzing failure of communication ***. The legislature purposely avoided the confusion which would necessarily arise from the subjective analysis and application of terms such as failure to communicate meaningfully, substantially, significantly, or regularly. Instead, the legislature opted for certainty. It is not our function to add to this clear legislative language.

In re K.R.G., 2006 Ohio 6705 (December 18, 2006)

Opinion on the web (last visited December 23, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/12/case_law_develo_12.html

Termination of Parental Rights | Permalink

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