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IN RE ADOPTION OF H.M.F.

C.A. Case No. 22805.

2009 Ohio 1947

In the Matter of Adoption of H.M.F.

Court of Appeals of Ohio, Montgomery County.

Rendered on April 17, 2009.

Attorney(s) appearing for the Case

Shawn P. Hooks, Atty. Reg. No. 0079100 and Robert L. Mues, Atty. Reg. No. 0017449, 1105 Wilmington Avenue, Dayton, Ohio 45420, Attorneys for Plaintiff-Appellant.

S.C.,..., Virginia, Defendant-Appellee.

OPINION

FROELICH, J.

{¶ 1} B.F. ("B.") appeals from a judgment of the Montgomery County Court of Common Pleas, Probate Division, which denied his petition to adopt his step-son, H.M.F., without the consent of the boy's biological father, S.C. ("S.").

{¶ 2} The probate court acted within its discretion in concluding that S. was justified in failing to support or communicate with his son in...

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