[Cite as In re K.M., 2012-Ohio-6266.]

COURT OF APPEALS 

STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

IN RE: 

K.M. 

 

 

JUDGES: 

Hon. William B. Hoffman, P.J. 

Hon. Sheila G. Farmer, J. 

Hon. Julie A. Edwards, J. 

Case No. 2012CA00194 

O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Stark County Court of 

Common Pleas, Probate Division Case No. 

214375 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: December 31, 2012 

APPEARANCES: 

For Appellant - Father For Appellee - Mother 

JEFFREY JAKMIDES EDGAR M. MOORE, JR. 

325 East Main Street 4940 Munson Street 

Alliance, Ohio 44601 P.O. Box 35426 

 Canton, Ohio 44735 

 For Appellee – 

 Prospective Adoptive Parents 

 BARBARA K. ROMAN 

 JENNIFER R. SINGLETON 

 Meyers, Roman, Friedberg & Lewis 

 28601 Chagrin Boulevard, Suite 500 

 Cleveland, Ohio 44122 

 For Loving Choice 

 

 JOAN SELBY 

 1428 Market Ave N # B 

 Canton, Ohio 44714 

 
Stark County, Case No. 2012CA00194 2

Hoffman, P.J. 

{¶1} Appellant Ricardo Saucedo (“Father”) appeals the October 9, 2012 

Judgment Entry entered by the Stark County Court of Common Pleas, Probate Division, 

which found his consent was not required for the adoption of his minor child, KM (DOB 

12/1/11). Appellee is Cassie Ruiz (“Mother”). 

STATEMENT OF THE FACTS AND CASE 

{¶2} Father and Mother are the biological parents of KM. KM is Father’s first 

child, and Mother’s third child. The parties are not, and have never been, married. The 

parties were dating at the time Mother became pregnant, but were not living together. 

Father was still in high school at the time, but also worked several jobs. Father lived 

with Patricia Lalli, his mother, at the time. He assisted Lalli with expenses when he was 

able. 

{¶3} Shortly after learning she was pregnant with KM, Mother was evicted from 

her residence and she and her daughter moved in with Father and Lalli. Mother’s son 

lived in a shelter with the children’s maternal grandmother. Mother and her daughter 

stayed with Father and Lalli for a brief period of time (the testimony revealed Mother 

stayed no longer than a month). Mother did not pay rent to Lalli. Mother paid for food 

for herself and her daughter with food stamps. Mother was unemployed during this 

period. She did not receive child support from the father of her two other children. 

There was no evidence establishing Father contributed to the household while Mother 

was at the Lalli residence although, as mentioned supra, Father occasionally gave Lalli 

some monies. 
Stark County, Case No. 2012CA00194 3

{¶4} After living briefly with Father and Lalli, Mother moved no less than six 

times in the months prior to KM’s birth. Mother lived with the grandmother of her 

daughter and son, with several different friends, with the paternal grandfather of her 

daughter and son, in a tent in her sister’s backyard, and in a homeless shelter. 

{¶5} During the pregnancy, Father contacted Mother via cell phone, Facebook, 

and conversations with Mother’s family. Father visited Mother while she was staying 

with one of her friends. Father registered with the Putative Father Registry on 

September 20, 2011. However, Father did not provide or offer Mother any financial 

support or assistance in any manner during the pregnancy. Father claimed Mother 

refused to speak with him, and he made offers of assistance to Mother’s mother and 

sister. Father did post Facebook messages to Mother during her pregnancy. Those 

posts did not offer any assistance. 

{¶6} Mother planned to place KM for adoption once the baby was born. Mother 

posted her plan on Facebook. Father discovered her intentions through discussions with 

family and friends. Mother gave birth to KM on December 1, 2011. Mother refused to 

allow Father to see KM. Father was 20 years old at the time of KM’s birth, Mother was 

22 years old. Mother surrendered custody of KM to Community Services of Stark 

County on December 5, 2011. 

{¶7} On March 23, 2012, Kraig M. Slutz and Christina M. Martini-Slutz filed a 

Petition for Adoption. Mother signed a Consent to Adoption. A search of the Ohio 

Putative Father Registry was conducted pursuant to R.C. 3107.063, and revealed 

Father had registered as a Putative Father. The Petition for Adoption indicated Father’s 
Stark County, Case No. 2012CA00194 4

consent was not required. On May 4, 2012, the Child Support Enforcement Agency 

determined within 99.99% accuracy Father was the biological father of KM. 

{¶8} The trial court scheduled a hearing on July 23, 2012. At the time of the 

hearing, Father worked full-time as a process operator at Biery Cheese, and earned 

approximately $500.00/week. 

{¶9} Via Judgment Entry filed October 9, 2012, the trial court found Father 

willfully abandoned Mother during the pregnancy; therefore, his consent was not 

required pursuant to R.C. 3107.07(B)(2)(c). 

{¶10} It is from this judgment entry Father appeals, raising as his sole 

assignment of error: 

{¶11} “I. THE TRIAL COURT’S FINDING THAT MR. SAUCEDO WILLFULLY 

ABANDONED MS. RUIZ DURING THE PREGNANCY AND THAT HIS CONSENT 

WAS THEREFORE UNNECESSARY FOR THE ADOPTION WAS AGAINST THE 

MANIFEST WEIGHT OF THE EVIDENCE.” 

I 

{¶12} A putative father's consent is not necessary if he has willfully abandoned 

the mother of the minor during her pregnancy and up to the time of her surrender of the 

minor. R.C. 3107.07(B)(2)(c). Appellee must demonstrate by clear and convincing 

evidence Father willfully abandoned Mother. In re Adoption of Hart (1989), 62 Ohio 

App.3d 544, 552, 577 N.E.2d 77; In re Adoption of Suvak, Allen App. No. 1-03-51, 

2004-Ohio-536, at ¶ 7. 

{¶13} Whether such an allegation has been proven by clear and convincing 

evidence is a determination for the probate court and will not be disturbed on appeal 
Stark County, Case No. 2012CA00194 5

unless such determination is against the manifest weight of the evidence. In re Hart, 

supra; see, also, In re Adoption of Vest (Mar. 13, 2001), Franklin App. No. 00AP-1150. 

Judgments supported by some competent, credible evidence going to all the essential 

elements of the case will not be reversed as being against the manifest weight of the 

evidence. C.E. Morris Co. v. Foley Constr. Co. (1978), 54 Ohio St.2d 279, 281, 376 

N.E.2d 578. The weight to be given the evidence and the credibility of the witnesses are 

primarily for the trier of fact. State v. DeHass (1967), 10 Ohio St.2d 230, 227 N.E.2d 

212, paragraph one of the syllabus. 

{¶14} We find the trial court’s determination Father willfully abandoned Mother 

during her pregnancy was not against the manifest weight of the evidence. Father did 

not offer or provide financial support to Mother. Father did not offer assistance with 

food, vitamins, clothing, expenses or shelter. Father never transported Mother to her 

doctor’s appointments. Father testified he made offers of assistance to Mother through 

her mother and sister. The trial court did not find his testimony credible. The evidence 

revealed Father was able to and did contact Mother either by cell phone or social media 

throughout the pregnancy. Despite having contact with Mother, Father did not make 

any offers of assistance or support. 

{¶15} Father’s sole assignment of error is overruled. 
Stark County, Case No. 2012CA00194 6

{¶16} The judgment of the Stark County Court of Common Pleas, Probate 

Division, is affirmed. 

By: Hoffman, P.J. 

Farmer, J. and 

Edwards, J. concur 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ Sheila G. Farmer __________________

 HON. SHEILA G. FARMER 

 s/ Julie A. Edwards___________________

 HON. JULIE A. EDWARDS 

 
Stark County, Case No. 2012CA00194 7

IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

IN RE: : 

 : 

K.M. : 

 : 

 : JUDGMENT ENTRY 

 : 

 : 

 : Case No. 2012CA00194 

 For the reasons stated in our accompanying Opinion, the judgment of the Stark 

County Court of Common Pleas, Probate Division, is affirmed. Costs to Appellant. 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ Sheila G. Farmer __________________

 HON. SHEILA G. FARMER 

 s/ Julie A. Edwards___________________

 HON. JULIE A. EDWARDS