Ohio Parents who are not married

In Ohio, when a child is born to parents who are not married, the mother has sole custody of the child.  The father has no right to see the child at all until he goes to court to get them.  See the father’s rights section of this website, under Answers to Your Questions.

When a couple who is not married splits up, they often struggle about when or if the father is going to see the child.  Emotional issues get in the way, and power struggles result, placing the child squarely in the middle.  Many times, fathers try to avoid going to court to get court ordered time with their child because of the cost involved, or because they are afraid they will formally have to start paying child support. 

Here’s the thing - fathers of children who were not married in Ohio have no rights UNTIL THEY GO GET THEM.  So, bottom line, there is nothing for it but through it.  Often, once parenting orders are in place, relations between the parents become less difficult because boundaries are established and there is no need for a contstant power struggle.  So mothers and fathers alike need to ask themselves this question: Are we going to do this now, while we can reasonably get along, or later, after years of arguments because there are no guidelines and boundaries regarding when each parent will see the child?  The longer you wait, the more difficult it may become. 

Court does not have to be a battle.  Parents can set court orders by agreement.  If the parents need help preparing an agreement, one or both can hire an attorney (each attorney can only represent one parent).  If parents need help reaching agreement, they can utilize counselling, mediation, even friends and family members to help them talk things out.  The important thing is not to delay dealing with the issue, allowing hostility to increase.

Parents who were never married should also see our posts under Mother’s Rights, Father’s Rights, and DNA testing.

The information provided in this web site is applicable in the state of
Ohio and is provided as a public service. While Virginia Cornwell is a Columbus Ohio Divorce Lawyer and a Columbus Ohio Custody Attorney, viewing the information in this web
site does not constitute an attorney-client communication, and acting upon
information obtained from this web site does not create an attorney-client
relationship. If you would like to discuss the application of the law to your
fact situation, or if you would like additional information, please call the Law
Offices of Virginia C. Cornwell at 614-225-9316 to schedule a consultation.

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