In Ohio, both married parents automatically have rights and responsibilities for their children. However, the law treats unmarried mothers and fathers differently. It is important for unmarried parents to understand these differences so they can protect their rights and support their child’s best interests.
Unmarried mothers in Ohio automatically have full custody.
When an unmarried woman in Ohio has a baby, that child does not automatically have a legal father. As a result, the mother has full custody of the child unless a court decides differently. This means she can make important decisions about the child’s health care, education and where the child lives.
Without a legal father for their child, unmarried mothers may also have to handle the financial responsibilities alone. They cannot ask for child support from the father unless they establish paternity.
How is paternity established in Ohio?
Unmarried parents in Ohio can name the father of a child in three main ways:
- Voluntary Acknowledgement of Paternity Form: If parents agree about a child’s paternity, they can formalize that agreement by filing a form. They can do this when the child is born or complete the paperwork later.
- Paternity action in court: If there is a disagreement about the father’s paternity or if the father wants to establish his paternity on his own, he can take the matter to court. After the court establishes paternity, the father can try to get custody or visitation rights, and either parent can ask for child support.
- Genetic testing: If paternity is uncertain or disputed, either parent can ask for genetic testing. The court might also order genetic testing during a paternity case. This testing is important because it confirms who the biological father is, which matters for legal and personal reasons.
Consulting with a family law attorney can help unmarried parents understand which of these options is right for their situation.
What can parents do after establishing paternity?
Establishing paternity does not automatically give the father custody rights. To arrange custody, parents usually need to go to court. The court looks at many factors to decide what is best for the child. This includes how close the child is to each parent, where the parents live and what the child needs.
Once parents establish paternity of their child, they also both have financial obligations to support that child. This means that they can request child support payments.
Establishing paternity is often the first step for unmarried parents hoping to protect their connection with their child and ensure that they have the support they need. Staying informed and getting advice from professionals can help parents navigate this process.
