Q. What are the rights of an unmarried female parent when no court decision has been rendered

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.

Q. How can the father of the child of an unmarried female establish 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 and establish paternity by administrative order through the appropriate child support enforce agency (The mother’s consent is required, unless the agency initiates child support collection action on its own because the mother received welfare or assistance.)
3. File an action 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.)

Q. Does establishment of paternity legally entitle the father of a child to exercise parenting time with the child.

No.

Q. Does payment of child support legally entitle the father of a child to exercise parenting time with the child.?

No.  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.

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.