Never Leave Your Kid by the Side of the Road
(Warning: SATIRE to follow)
Ohio can take your child away from you and terminate your legal rights to that child by a process called permanent custody. I receive multiple callers every week asking how to simply give up parenthood and surrender a child to the government. Those calls only increased after I had published a post about how there are no givesies-backsies for children in Ohio.
Obviously, people are Googling how to give up a kid — finding my informative post but not actually reading it, and then calling me anyway.
Every one of these calls is returned post-haste.
At least in Ohio, you can’t just leave a kid by the side of the road without risking a serious criminal charge. Other than an adoption, your kid is your kid and your responsibilities will continue until s/he becomes emancipated.
You can, however, LOSE your kid. How?
Well, before you can lose your kid, you must first lose a court case where your child is declared abused, neglected or dependent while in your care. (This action naturally follows the criminal action that was filed against you when you left your kid by the side of the road and drove off.) Then, you’ll likely be given a “case plan” that will send you scurrying off to community resources located at inconvenience places to learn what most parents know by instinct: don’t leave your kid by the side of the road; don’t neglect the plumbing and resort to using the sink for number two; and don’t be such an addict that your baby is born addicted. You’ll have a time frame to become enlightened and another time frame to fix whatever made your child abused, neglected or dependent to start with.
You should not complete your case plan quickly! It’s best to show some progress, but not much, and certainly not by the artificial deadlines set by some childless social worker.
Ohio is committed to reunification, which means giving your kid back to you, but reunification must happen quickly. The “12/22” rule says that a child in the temporary custody of the state agency for any 12 months of a consecutive 22-month period satisfies the threshold test to proceed to the most holiest of grails regarding custody litigation: the “best interest” test.
Every child-related order in Ohio must advance the child’s best interests, according to the presiding trial judge. There are many factors to consider. Who cared about the child? Who can keep the child alive and get it educated? How does the child feel about whom s/he lives with? How well-adjusted is the child in school and at home after being subjected to nasty litigation for over a year? Who’s got criminal records for domestic violence? Who’s shooting heroin or hearing voices?
How long will it realistically take to reunify with the child?
Ohio demands answers to these questions.
A permanent custody action in family law is akin to the death penalty in criminal law (except in family law, the parent doesn’t die). The parent subject to such an action is entitled to free legal representation at every stage of the proceeding. The parent is also entitled to have a free attorney file objections and appeal the case to at least one higher court. The child is generally appointed a guardian ad litem to act as a check on the system and make recommendations about his/her best interests after investigating everyone.
This is a long and involved process and very exhaustive. Many parents simply ignore the whole thing, move frequently so that they cannot be served, and eventually hear on the street that their kid is now living somewhere else and will never be coming home. Other parents try hard but succumb to their addictions or start serving long prison sentences. In these cases, the government takes their child and can then make various orders about where and with whom the child lives.
Overall, parents who lose legal rights to their own children are very sad. They miss their kids and their cute little antics and wonder about what could have been.
And they rarely aggravate lawyers by calling at the front end to ask how to voluntarily surrender their child.
More Family Law Blogs
by Anne Harvey








