Ohio Child Custody Legal Questions

Unless a court has determined he has any punitive rights, he is pretty much baby daddy and has none; In ohio, the mother is the custodial parent of a child born out of wedlock; Unless he has been determined to be the father either by signing the birth certificiate or dna test by the court, he has no custodial rights absent either of these two things and any court determination of custody or visitation. You can do whatever you think is best for your child and yourself absent these facts.... Read More

In order to get court ordered visitation, you first need to establish paternity: Once that is done and your proven the biological father, you can file a motion for visitation; If your name is on the birth certificate or you sign an affidavit at the hospital stating your the father, then no need for paternity test;... Read More

When the child turns 18, the court will lack jurisdiction to change custody. Until that point, the court has the power to make what custody and visitation orders it determines to be in the best interest of the child. Father?s conduct up to that point would likely be a factor considered by the court in arriving at that determination. Other than that, or some prior court order terminating father?s parental rights, as typical occur in adoption or when permanent custody is awarded to the state, there is not a time limit in Ohio for a father to seek parental rights or custody.... Read More

In Ohio, the mother is considered the sole custodial parent when she is not married: Although he may be the biological father, he has no parental rights absent any court orders; thus you can refuse any visitation with him and on the other hand you cannot get any financial child support absent any court order;... Read More

There may be other ways to have child support reduced based on the particular circumstances of the case. ?However it is often helpful for you to obtain a child support order as well. Once you are awarded child support, he can file to modify the other award, which will likely be reduced, and more money will be available for your household.... Read More

In Ohio, assets held in retirement accounts are generally exempt from attachment by creditors unless it can be shown that the reason for depositing the funds in such accounts was to evade collection. (R.C. 2329.66 http://codes.ohio.gov/orc/2329.66 ) Thus, unless you are depositing the funds for the purpose of evading payment of your child support, the funds there would not be subject to collection. I think that a court would be unlikely to rule that a normal amount of contributions to such a plan would constitute an attempt to evade payment of support, especially if you could show another reason for doing so, such as making sufficient contribution to receive an employer matching contribution. (Though I have not specifically researched that issue.) If you are making regular payments on your child support, an arrearage would not stop you from making retirement contributions. Though it is certainly a good thing to eliminate your arrearage, in most circumstances child support arrears in Ohio do not accumulate interest, and if you are able to save retirement funds while still paying the support and arrearage payments you are ordered to, there would appear there may be a financial incentive to contribute to retirement accounts.... Read More