In re Serre

In In re Serre (P.C.1996), 77 Ohio Misc.2d 29, 665 N.E.2d 1185, the child's parents divorced in 1990 and the mother remarried on October 15, 1993. 77 Ohio Misc.2d at 31. At the time of the divorce, the parties agreed to a supervised visitation schedule for the father, but the father rarely exercised his visitation rights. Id. During the year preceding the adoption petition, the father never made contact or communicated with the child. Id. However, towards the end of the statutory one-year period, the father filed a motion to show cause against the mother for failure to comply with the visitation order. Id. The stepfather filed a petition for adoption less than one month later. Id. Ultimately, the father voluntarily dismissed the show cause motion. Id. The Serre court concluded that the father's "motion to show cause to enforce his visitation rights does not constitute a communication with the child" and his consent was not required for the stepfather to proceed with the adoption. Id. at 35.