I often get asked what parental rights parents have when they are married, unmarried or have a child support order in place. These are the common questions and the answers to those questions.
What is a putative father?
A putative father is a man who may be a child’s biological father but who is not married to the child’s mother at the time the child is born or who has not established paternity of the child in a court or administrative hearing.
Does a putative father have parental rights?
What are the custody rights of an unmarried mother? Ohio law provides a number of direct answers to this question. Ohio Revised Code 3109.042 (R.C. 3109.042) answers that question: “An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.” This means that, unless a court has ruled otherwise, an unmarried mother is the sole legal custodian of her child, giving her the right to make decisions for her child. (more…)