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Unmarried Parents Custody and Visitation in Ohio

Unmarried Parents Custody in Ohio

Our Ohio unmarried parents custody attorneys will tell you the law, tell you in plain English, and give you honest advice regarding the best course of action to achieve your goals.  We don’t believe in telling you what you want to hear simply to get your business.   We’ll listen to you, discuss your goals, and give you our honest opinion.  If there is an option that may bring a good result without litigation, we’ll tell you about it, and we’ll help you get there.  If going to court is your best option, our experienced attorneys are ready  to help you every step of the way.

Unmarried Parents Custody in OhioWhen it comes to unmarried parents custody in Ohio, it can be hard to sort the fact from the fiction.  Our  Ohio family law attorneys are here to help you understand your rights, and make a plan that is
best for you and your child.  To do that, you need to know the facts and the law.

FACT: In Ohio, when a child is born to an unmarried woman, she has sole custody of the child at birth, at least until the father has a court order giving him his father’s rights. Ohio Revised Code 3109.042 says 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.

The idea that single mothers in Ohio always KEEP sole custody is FICTION. Once a father goes to court, if he wants shared parenting (sometimes referred to as joint custody or shared custody), except in extraordinary circumstances, he can usually get it.  If the mother is unable to properly parent or unwilling to share the child, the father may end up being the sole residential parent and legal custodian of the child and the mother may end up with visitation.  It is a myth that unmarried fathers can only get visitation.

Call (614) 225-9316 or email us now.

unmarried parents custody in ohioFACT: There are many ways an unmarried father can establish paternity in Ohio.  Paternity can even be established without DNA and without going through child support.

  1. Acknowledge paternity by affidavit. This is commonly done at the hospital time of the child’s birth, but can be done later at a local registrar, health department or Child Support Enforcement Agency.   Unless the parents want to start child support proceedings, we do not recommend that they do this at the Child Support Enforcement Agency.  The mother’s consent is required, and the father is giving up the option to have DNA testing before paternity is established.  This is how unmarried fathers get their name on the child’s birth certificate.
  2. Participate in DNA testing. Paternity can be established 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 public assistance.)
  3. File an action in court to establish parentage (paternity).  The court can order paternity testing, and the mother’s consent is not required.

Q. Do unmarried fathers get visitation as soon as they establish paternity.
No.  This is FICTION.  Unmarried fathers have no rights to visitation until they get them from a court order.  Unmarried fathers in Ohio CAN get visitation while they are in the process of establishing paternity. To learn more about establishing parenting time, custody, shared parenting or visitation in Ohio, you may visit the following pages:

http://www.cornwell-law.com/answers/fathers-rights-learn-about-fathers-rights-to-visitation-in-ohio/

http://www.cornwell-law.com/09/ohio-child-custody/

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.

Not sure where to go from here or what your next step should be?  Give us a call at (614) 225-9316 or e-mail us now.

For more information about FATHER’S RIGHTS, see our page regarding FATHER’S RIGHTS IN OHIO.

For more information about MOTHER’S RIGHTS, see our page regarding MOTHER’S RIGHTS IN OHIO.

For more information about GRANDPARENT RIGHTS see our page regarding GRANDPARENTS RIGHTS IN OHIO.

For more information about obtaining CUSTODYSHARED PARENTING, OR VISITATION in Ohio, see our post about OHIO CUSTODY.

For more information about DNA testing, see our post regarding DNA TESTING.

For more information about SHARED PARENTING, see our post regarding SHARED PARENTING IN OHIO.

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1 A

My ex girlfriend lives in Ohio. I live in Texas. She had a child (15 months) and she claims it is mine. He may or may not be. She says she doesn’t want me to have any rights regarding him and she is willing to sign away her right to child support payments if I sign away my rights as the father (if i am the father). Is it possible for me to sign away my rights and for her to sign away child support?

2 Anonymous

If there is no common ground with shared parenting what steps to take to make sure the children don’t get hurt more than they already are?

3 D

if no custody agreement has been made though court and the father refuses to return the child for legitimate reasons is that considered a civil matter or will the law be involved???

4 JD

The custodial mother of my two children(15 and 17) has just died. We were never married, but i am on both birth certificates list as the father. As a resident of Hamilton County Ohio, what is my first legal step that i must take to have the custody rolled over to me? Thanks in advance.

5 DG

One paternity is established (father’s name is on the birth cerificate) does the father have a right to review his children’s school or medical records with or without visitation rights? Ohio.

6 J

Does a woman have to be married in order for the biological father of her child to sign of parental rights in Ohio?

7 Anonymous

A man I know was abanded by his mother at 11 years old and lived with his alcoholic Father that sat all day and evening at a bar. Two years after Mother leaving the boys Father died. This boy grew up on the streets and lives shelter to shelter, he will be 50 years old Feb. 28 this year. He has never married and has no children. Can this man collect anything from his Mother????

8 Anonymous

we are not married and live in ohio does he have the right to come in my moms home and get the chld when i am working

9 T

I would like to know how a court could order visitation with my child to another man without my consent. Paternity of my child was established by CSEA at approximately 3 months old. The mother and I were never married. I began paying child support immediately, including the 3 or so months I had not paid between the birth and paternity being established. I recently learned that 7 years ago, during divorce proceeding a step father of about 3 years was given visitation with my child without my knowledge or consent. The mother of my child has been lying to me this entire time while laughing all the way to the bank with my checks. I believe she has also swindled the courts during the divorce by not naming the child’s father AND not claiming the child support I have been paying since 1998. I feel like I should of at least had the priviliage of a notification of this motion prior to it becoming an order. I was never informed I even needed to go to court to enstate my rights or I would have done so in 1998. Now my child is a teenager and I have to do all of this. My name has never even been allowed to be placed on the birth certificate. I think these laws for father’s are ridiculous. The courts basically assisted my ex in taking my child from me in my opinion, but they sure didn’t stop my checks from coming in.

10 R

I am already a single father and in my last relationship we have a child and the mother is keeping my daughter from me and even lying. I do not know where to go from here or what to do. I have a court date on October 4th and all I want is to see my daughter. She is obviously going to pull up my past and if I have to I can on her with her medical problems but I do not want to do that. I am a good dad and want to see my daughter and have joint custody based on that.

11 L

Can a father recieve visitation if hes behind on child support?

12 M

What if the father has displayed anger in such a way to almost strike me, and speaks in abusive ways to me? I do not feel I would be doing my job as being a good mother to allow him visitation rights, although he is fighting for them.
Please help, will the courts allow this, I was told on account he did not hot me and held back I have nothing to stand on.

13 A

Not married to the father of my child, he left the baby and I to live in KY. Can he legally come and take the baby across state lines without my permission and never bring him back? If he were to take him over state lines without my permission can I charge him with Kidnapping?

14 MC

Can the mother of a child from an unmarried relationship take that child and leave the state before the father has filed a motion for visitation/custody. Or can that same mother give the child to a grandparent to leave the state as so the father doesn’t have enough time to file the correct proceedings.

15 S.

My friend had relations with a young women, who became pregnant. The child is in fact his, as he made sure there was a paternity test done as soon as the baby was born. When he was first made aware that she was pregnant, he let her know that he did not want to raise a child with her. It was her choice as to whether or not she has the baby, obviously. She had the baby, now my friend pays for the babies Health Insurance (she does not have health insurance) and he has been paying Child Support. His income is low, as he runs his own business and he just started his own business two years ago. The mother of the baby has ordered another hearing to get more child support. The W2′s do not lie and there are no special circumstances that would require more support at this time. I do know the mother of baby is living from house to house, and has a very low income job. The child is healthy and well taken care of, but is her particular situation considered “special circumstances” that would require more support?
Does this mean if the babies mother still does not agree to the amount that he will have to go to court?