In re Adoption of Sunderhaus

This cause comes before this court from a final appealable order1 of the Butler County Court of Common Pleas, Probate Division, in an adoption proceeding.

The trial court found that appellant James Zimmerman's consent to the adoption was not required under R.C. 3107.07(A) since he had failed without justifiable cause to communicate with or support the minor child for one year immediately preceding the filing of the adoption petition.2

In his timely appeal, appellant asserts a single assignment of error:

"THE COURT ERRED WHEN IT HELD THE CONSENT OF THE NATURAL FATHER WAS NOT NECESSARY FOR THE…