By Olivia Wathne, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 04, 2024
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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.
An unmarried woman who gives birth 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.
This article discusses child custody laws for unmarried parents in Ohio.
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.
| Relevant Ohio custody laws for unmarried parents | Ohio Revised Code (ORC) Title XXXI — Domestic Relations and Children Chapter 3109 — Children
Chapter 3111 — Parentage
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|---|---|
| Presumption of paternity | There's a presumption that a man is the father of a child in any of the following circumstances:
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| Evidence of paternity | To establish paternity, and his rights and responsibilities as a parent, a man can show any of the following evidence:
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| Related Ohio laws | Ohio Revised Code Title XXXI — Domestic Relations and Children
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
In Ohio, deciding custody for unmarried parents involves considerations about parental rights and the well-being of the child. The court primarily focuses on the best interests of the child. It looks at factors such as each parent's living situation, financial stability, and ability to provide a nurturing environment.
Unmarried fathers must establish paternity before they can get legal custody or visitation rights. They can establish paternity through a voluntary form, administrative order, or court order. Depending on the county, court proceedings may happen in juvenile court or domestic relations court.
If the mother of the child gets state benefits for the child, the local Child Support Enforcement Agency (CSEA) may file an action to establish paternity and a child support order. No matter who files, the administrative agency or the court will likely order genetic testing to resolve the legal issue of paternity. Upon finding paternity, the court can order the Department of Health to correct the child's birth certificate.
The court distinguishes between legal custody, which involves decision-making rights, and physical custody, which is where the child lives according to a parenting time schedule.
Once paternity is established, both parents have equality in determining custody and parenting time rights. The court may grant shared custody when one or both parties have filed a proposed shared parenting plan. The court may choose one parent as the legal custodian and residential parent (sole custody) if it is in the best interests of the child. Ultimately, the goal is to ensure a stable, supportive, and loving environment in deciding custody of the child and the parenting time schedule.
If unmarried parents can't agree to establish custody and parenting time, a court may order them to try mediation. If the parents sign a parenting agreement, they may present it to the court at the next hearing, and the court may adopt it as an order.
Courts must consider any conviction or history of domestic violence or child abuse of a parent related to a family or household member at issue in the case.
Where unmarried parents cannot reach an agreement, the matter will proceed to final hearing or trial before the court. Each side may call witnesses and testify. The court may hear from any Guardian ad Litem (GAL) appointed on the case.
Ohio's best interests factors include consideration of the child's wishes (when the child can articulate them). But they do not allow the parents to introduce or the court to accept any written statement or affidavit allegedly from the minor child. The court can interview the child in chambers or hear from a guardian ad litem to learn the child's wishes.
The court will issue a final judgment based on its findings of what custody and parenting time is in the child's best interest.
For more information and resources related to this topic, see the links below:
If you're an unmarried father wanting to establish your custody rights, you must know how to begin the legal process. Sometimes, an unmarried mother only wants to establish a visitation schedule for the child's father. In both situations, it's best to get legal advice from an experienced family law attorney. A family lawyer or child custody attorney can explain Ohio law. They can address specific concerns unmarried parents may have about the court process.
Contact a qualified attorney.
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