QUESTION
In Ohio, is it true that if a mother and father of a child were never married, that the mother, has full custodial rights?
Asked on Apr 10th, 2013 on Child Custody - Ohio
More details to this question:
The father's name is on the child's birth certificate, but there is not a custody order in place, and the father has never paid one penny of child support through the courts. Does she automatically have custodial rights since the child is, and has been in her possession? The father is absent.
1 ANSWER
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Actually, you are correct. Ohio Revised Code Section 3109.042 states: *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.* For the father to obtain visitation rights to the child, he must establish paternity and then seek either visitation or a modification of custody. Please see a family law attorney in Ohio for further information.
Answered on Apr 10th, 2013 at 2:43 PM