Ohio custody is not a simple process. Hopefully this article will provide you with a roadmap through the process. The first question you have to look at is…
Were the parents married when the child was born?
The first issue that must be determined, according to Ohio law, is whether the parents of the child were married when the child was born. Whether the parents are married determines which laws govern the allocation of parental rights and responsibilities. The term “allocation of parental rights and responsibilities” comes from the Ohio Revised Code. In plain english, it means the division of parental rights and responsibilties. Time with your child is a parental right, and support of your child is a parental responsibility. The term “allocation” is more accurate than the word “division” because most rights and responsibilties apply equally to both parents, rather than one parent or the other. For example, it is the responsibility of both parents to supervise and support their child, whether the parents live together or not.
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CHILDREN BORN DURING A MARRIAGE
If the parents of the Child were married when the child was born, then Ohio Law presumes that the mother’s husband is the Father of the Child. This is a rebuttable presumption, which means that it is only legally true until a court or administrative order determines that it is not true. Generally, this is done by paternity testing (DNA testing).
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RIGHTS OF OHIO UNMARRIED MOTHERS
Ohio Revised Code 3109.042 provides that an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the Child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.
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RIGHTS OF OHIO UNMARRIED FATHERS
In Ohio, unmarried fathers have no rights at all until they prove they are the Father of the Child (paternity). The Law takes this perspective – it is obvious who the Mother is if the Child was born in a hospital – the Mother was present and the doctors and nurses saw her give birth. But, any man could be the child’s Father. So, the Law requires the Father who is not married to the Mother (and thus not protected by the legal presumption of paternity), to legally establish paternity before they have visitation, shared parenting or custody of their child.
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PUTATIVE FATHERS
Q. What if an unmarried or married man had sex with an unmarried woman and he wants to preserve the OPTION to have Father’s Rights, but he is not sure that he wants to be involved in the child’s life?
A man who has had sex with a woman in Ohio, and wants to preserve his rights in case a child is conceived, must register with the Ohio Putative Father Registry (1-888-313-3100). Even fathers under the age of 18 may register with the Ohio Putative Father Registry.
CALL NOW at (614) 225-9316 or contact us by e-mail.
For more information about the Ohio Putative Father Registry, and the deadline to register in order to preserve a father’s right to be informed before a child is adopted, see the Father’s Rights web page of our site:
http://www.cornwell-law.com/answers/fathers-rights-learn-about-fathers-rights-to-visitation-in-ohio/
For additional instructions regarding how to register for the Ohio Putative Father Registry, click here.
IT IS IMPORTANT TO REMEMBER that sometimes, when children go into the custody of Children’s Services, the parental rights are terminated without the Ohio Putative Father Registry ever being checked. There have been cases where fathers appealed this decision, and the court did NOT overturn the adoption. So, while registering with the putative father registry provides SOME protection, it is not fool proof. The only fool proof way to preserve a father’s rights is to get them established by a court and exercise them responsibly.
Virginia Cornwell is an Ohio Child Custody Lawyer who also practices in , visitation, shared parenting, paternity, never married parents, married parents, and the process of obtaining custody in Ohio. To see the remainder of the Custody in Ohio series, click the links below
{ 2 comments… read them below or add one }
Hello, i havent had custody of my daughter since 2009. The reason is i took the wrong roads with the wrong people. I now am married and i have my son still. I would like help gettimg my daughter back and how i can do this. I havent seen her or had her forever and it is killing me bad
If the father wants shared parenting he must file a motion to court 30 days before the court date. does the motion have to be written up by an attorney?