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IN RE ADOPTION OF M.S.

Nos. 11 BE 14, 11 BE 15

2011 Ohio 6403

In the Matter of The Adoption of: M.S. and J.S.

Court of Appeals of Ohio, Seventh District, Belmont County.

Dated: December 7, 2011.

Attorney(s) appearing for the Case

Attorney Michael Shaheen , 227 East Main Street, St. Clairsville, Ohio 43950, for Appellee.

Attorney Albert Davies , 320 Howard Street, Bridgeport, Ohio 43912, for Appellant.

Before: Joseph J. Vukovich, Gene Donofrio, Cheryl L. Waite, Judges.

OPINION

VUKOVICH, J.

{¶1} Respondent-appellant Lewis Loos appeals the decision of the Belmont County Probate Court, which granted a step-parent adoption regarding his two children to petitioner-appellee Jesse Schafer, the husband of the children's mother. The threshold issue on appeal is whether the father had justifiable cause for failing to communicate with his children in the one year preceding the adoption petition. We hold that the...

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