In re Adoption of A.O.P.

Citations

• 2022 Ohio 2532

Syllabus

The probate court did not abuse its discretion in finding that Mother had more than de minimis contact with the child during the look-back period. The fact that Mother set up three in-person visits during a one-year period in a global pandemic in which she at various times lacked a cell phone or a vehicle demonstrates that her contact with the child was more than de minimis. The COVID-19 pandemic alone and Petitioners' response to it is a significant factor in establishing justifiable cause if Mother was found to have had de minimis contact with the child. Mother's voluntary seeking of treatment for her substance use should not be held against her in determining whether there was justifiable cause for making only de minimis contact with the child. Ability to pay is a key factor in determining whether there is justifiable cause for failure to support a child. The probate court found that Mother was unemployed and unable to obtain employment as such, Mother lacked a regular source of income, so there was