Rights of Unmarried Mothers and Fathers

I have been asked the same question a lot lately, so I thought I would address it in my blog. The question is: What rights do unmarried mothers and fathers have in Ohio?

The Ohio Revised Code states that an unmarried mother is the sole residential parent and legal custodian of the child until a court designates otherwise (See O.R.C. § 3109.042). This means that the mother has the sole authority to make all educational, religious, healthcare, and visitation decisions for the child. However, Fathers can establish their rights to make decisions and have visitation with the child once paternity is established and they file with a court of competent jurisdiction. The Revised Code also specifically states that the mother and father should be treated equally when determining custody; thus, once the father files with a court the mother and father are standing on equal ground. See http://codes.ohio.gov/orc/3109.042.

The lesson here is that if you are an unmarried father and you want to establish legal rights with your child, you should file with a court with proper jurisdiction immediately. An attorney can help immensely with this type of action. An attorney can also help and represent the unmarried mother in a custody action filed by the father. For a free one-hour consultation to discuss your situation, call me at 330-474-9701 or email me at atuesdaylaw@gmail.com.

I hope this helpful!