In Ohio, unmarried mothers usually get sole custody of a child. However, after paternity is established, unmarried fathers can initiate a custody action in court to get custody and parenting rights. The custody arrangement will be determined based on the best interests of the child.
Understanding child custody laws in Ohio can be difficult without professional legal guidance. Whether you are an unmarried mother or father, an experienced Toledo child custody lawyer will help you protect your child’s best interests.
Understanding Mothers’ Rights in Ohio
In Ohio, unmarried mothers have sole custody of their child. This means that the child lives with the mother, and she has the right to make all decisions about the child’s care and upbringing. However, this sole custody status lasts only until paternity is established, and the father obtains a court order granting him custody or shared parenting.
When paternity is established, the father can seek custody and visitation rights, allowing him to be involved in the child’s life. It also gives him the opportunity to make decisions about the child’s upbringing, just like the mother.
Once paternity is confirmed, unmarried mothers have the right to petition the court for child support from the father. This means they can request financial assistance to help with the costs of raising the child. Sometimes, the father may also seek child support from the mother. This could happen if the mother has a higher income.
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An Unmarried Father Must Establish Paternity of a Child in Ohio
In Ohio, a married man is automatically presumed to be the legal father of his wife’s child. No additional action is needed on the part of a married couple for a dad to get parental rights and parental responsibilities. Paternity rights are immediate.
Paternity can be more complicated for an unmarried couple. Action is required. The couple has the right to submit a joint voluntary acknowledgment of paternity form to establish the father’s parental rights. Alternatively, if there is conflict over parentage, genetic testing may be necessary.
In Ohio, legal paternity is the basis of a father’s parental rights and obligations. Without paternity, an unmarried father can not seek custody or visitation. Likewise, an unmarried father cannot be required to pay child support unless legal paternity is in place. A Toledo child support lawyer can explain how state laws impact your case.
Acknowledgment of Paternity Affidavit
One way fathers can establish paternity is by completing an acknowledgment of paternity affidavit at the hospital when the child is born. This process is straightforward and designed to be accessible for new parents, ensuring that the father’s legal relationship with the child is recognized from the very beginning.
The acknowledgment of paternity affidavit is a legal document that both parents can sign at the hospital following the birth of their child. By signing this affidavit, the father acknowledges that he is the biological parent of the child, and it serves as a formal declaration of paternity. If the affidavit is not recanted within 60 days, the establishment of paternity is deemed final.
Genetic Testing
Either parent or the local child support enforcement agency can request genetic testing to determine the biological father. The process involves collecting DNA samples, usually through a cheek swab, from the child, the mother, and the alleged father. The results are typically over 99% accurate in confirming whether the man is the biological father.
Once the test results are available, they can be submitted to the court as evidence. If the test confirms paternity, the court can issue an order officially recognizing the man as the legal father. A fathers’ rights lawyer in Toledo can offer valuable guidance in establishing paternity.
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Ohio Law: Child Custody Falls Under the Best Interests of the Child Legal Standard
Once paternity has been established, Ohio child custody and visitation laws are the same for married and unmarried parents. Both mothers and fathers have an equal right to seek custody.
In general, the state favors some form of shared parenting. That being said, sole legal custody can be awarded when warranted. Under Ohio Revised Code § 3109.04, parental rights and responsibilities (child custody) are allocated in the best interests of the child.
In other words, Ohio courts are required to reach the custody arrangement that is best for the child’s safety, health, emotional well-being, and social atmosphere. This standard applies to both divorcing couples and parents who have never been married.
A wide range of factors will be considered when determining what is in a child’s best interests. Indeed, an Ohio family law court can review any factor deemed relevant to protecting the child’s well-being.
Unmarried Parents Benefit From Working With a Child Custody Lawyer in Ohio
Handling child custody issues can be complex and emotionally challenging, especially for unmarried parents in Ohio. Working with a child custody lawyer provides invaluable support and guidance throughout the process.
The many benefits of working with lawyers to decide who gets custody of the child if the parents are not married include:
- Understanding your legal rights
- Establishing paternity
- Crafting a custody agreement
- Creating a fair parenting plan
- Establish visitation schedules
- Representation in court
- Professional legal guidance
- Resolving disputes
- Modifying custody agreements if circumstances change
Unmarried parents in Ohio should work with child custody lawyers to ensure their rights are protected, and their child’s best interests are prioritized. By working with an experienced attorney, unmarried parents can avoid legal mistakes and reduce conflicts.
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Call a Child Custody Lawyers for Immediate Help With Your Case
At Groth & Associates, we have been helping families since 2001. Our Toledo child custody attorneys are passionate, solutions-driven advocates for parents in Ohio. If you have any questions about custody or visitation rights for unmarried parents, we can help.
Call us or connect with us online to arrange your strictly private consultation. Our law firm represents parents throughout Northwest Ohio, including in Perrysburg, Defiance, Bowling Green, Liberty Center, Port Clinton, Sandusky, Fremont, and Oak Harbor.
Call or text (419) 930-3030 or complete a Free Case Evaluation form