{"id":375636,"date":"2018-05-08T14:21:13","date_gmt":"2018-05-08T19:21:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-custody-laws-for-unmarried-parents.html"},"modified":"2024-11-04T09:18:20","modified_gmt":"2024-11-04T14:18:20","slug":"ohio-custody-laws-for-unmarried-parents","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-custody-laws-for-unmarried-parents.html","title":{"rendered":"Ohio Custody Laws for Unmarried Parents"},"content":{"rendered":"\n
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Ohio Custody Laws for Unmarried Parents<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Ohio, an unmarried mother may establish her parent-child relationship by proving that she gave birth. An unmarried father may establish his parent-child relationship by acknowledging paternity or through an administrative or court order.<\/p>\r\n

An unmarried woman who gives birth<\/a> to a child is automatically the sole "residential parent and legal custodian" of the child unless a court orders otherwise. It’s important to note that a father doesn’t have child custody rights when parents are unmarried until a court order establishes his legal rights.<\/p>\r\n

This article discusses child custody laws for unmarried parents in Ohio.<\/p>\r\n

Ohio Custody Laws for Unmarried Parents at a Glance<\/b><\/h2>\r\n

When you’re doing legal research to find answers to your law-related questions, you must find and read the actual statute. The chart below provides you with a summary of Ohio custody laws for unmarried parents, as well as links to relevant statutes.<\/p>\r\n\r\n
Relevant Ohio custody laws for unmarried parents<\/th>\r\n

Ohio Revised Code (ORC)<\/b><\/p>\r\n

Title XXXI \u2014 Domestic Relations and Children<\/p>\r\n

Chapter 3109 \u2014 Children<\/p>\r\n

Presumption of paternity<\/th>\r\n

There’s a presumption that a man is the father of a child in any of the following circumstances:<\/p>\r\n

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  • He and the mother are married and the child was born during the marriage<\/li>\r\n
  • He and the mother were married and the child was born within 300 days after the marriage ended or after the parties separate with a separation agreement<\/li>\r\n
  • He and the mother attempted to marry each other before the child’s birth, but is invalid. The the marriage can only be declared invalid by a court and the child is born during the marriage or within 300 days of the end of the marriage. Or the attempted marriage is invalid without a court order and the child is born within 300 days after the couple stopped living together.<\/li>\r\n
  • The father filed an acknowledgment of paternity affidavit per Section 3111.23<\/a>, but it isn’t final yet<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Evidence of paternity<\/th>\r\n

To establish paternity<\/a>, and his rights and responsibilities as a parent, a man can show any of the following evidence:<\/p>\r\n

Related Ohio laws<\/th>\r\n

Ohio Revised Code<\/b><\/p>\r\n

Title XXXI \u2014 Domestic Relations and Children<\/p>\r\n