Q. What are the parental rights of fathers who are married to the mother of their child:?
Ohio Revised Code 3109.03 states: “When husband and wife are living separate and apart from each other, or are divorced, and the question as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children is brought before a court of competent jurisdiction, they shall stand upon an equality as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children, so far as parenthood is involved”.

This means that when married parents are living in different households, and a court is asked to allocate parental rights and responsibilities, the court cannot give a preference to either parent based solely upon gender.
Q. What are the rights of fathers who were never married to the mother of their child?
If the father of the child of an unmarried female wishes to establish or determine paternity, he may:

1. Acknowledge paternity by affidavit (This is commonly done at the time of the child’s birth, but can be done later at a local registrar or Child Support Enforcement Agency. The mother’s consent is required, and the father is foregoing the option to have DNA testing.)
2. Participate in DNA testing through the child support enforcement agency to determine if he is the father of the child. DNA testing may be ordered by the local child support enforcement agency (CSEA) if the mother of the child files an application for services with the agency, if the mother receives public assistance, or if the father (or other persons entitled by statute) requests that the agency establish paternity. If the DNA results are ordered by the CSEA are positive for paternity, paternity will be established by administrative order through the appropriate child support enforce agency, and a child support order will likely be made. It is important to note that while DNA testing can be done through a private company, these test results do not, by themselves, establish LEGAL paternity.
3. File complaint in court to establish parentage and to allocate parental rights and responsibilities (Court can order paternity testing, and the mother’s consent is not required.) Ohio law provides that one or both of the parties must first request the CSEA establish paternity, before filing a court action, but Child Support Enforcement Agencies in Ohio generally refuse to help fathers in these circumstances. Ohio courts know this. Some courts require a “judicial bypass” affidavit saying that the father tried to get CSEA to help him, but many courts no longer require this affidavit.

Establishment of paternity does not legally entitle the father of a child to exercise parenting time with the child. Payment of child support does not legally entitle the father of a child to exercise parenting time with the child. These are common misconceptions. A court must make an order allocating parental rights and responsibilities before the father of the child of an unmarried female has the legal right to parenting time with the child. Ohio law provides that once parentage has been established, a court designating the residential parent and legal custodian of a child of an unmarried mother shall treat the mother and father as standing upon an equality when making the designation.

Ohio law also provides that when a COURT (not the CSEA) enters a child support order, the court MUST make parenting orders regarding regular, holiday and vacation time. Although this statute does NOT require the child support payor to file a motion with the court, the safe thing to do is file the motion and get it served on the opposing party or their attorney 7 days before the COURT child support hearing. The smart thing to do would be to show up to the court hearing with a copy of the statute that requires this order. That statute is Ohio Revised Code 3119.08, and a copy can found by clicking HERE.

For more information about an Acknowledgment of Paternity Affidavit, click here!
Q. What is a Putative Father Registry
A man who believes he may be the father of the child of an unmarried mother may preserve his right to contest to the child’s adoption by registering 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.

A putative father is a man who may be the father of a child, but is not married to the child’s mother when she becomes pregnant or when the child is born, AND he has not adopted the child, AND a court or child support enforcement agency has not decided he is the child’s legal father. Registration can occur at any time during pregnancy, but no later than 30 days after the birth of the child. Registration with the Ohio Putative Father Registry does not make a man the legal father of a child and does not establish paternity, but it preserves the right to be notified if the child’s mother places the child for adoption. For more information, call the Ohio Putative Father Registry at 1-888-313-3100.

For additional important information about establishing paternity in Ohio please visit the web page for Ohio Paternity Enhancement by clicking here.

DNA TESTING

For important information about obtaining a DNA test, click here.

For more information about the rights of fathers who were not married to the mother of their child, click here and here.

For important information regarding Ohio fathers who were never married to the mother of their child, Ohio fathers should review our Mother’s Rights section under the Answers to Your Questions page.

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.