Custody Rights Of An Unmarried Mother
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.
Father’s Rights Versus Custody Rights of An Unmarried Mother
Where does this leave the father? Until a court is called upon to designate a legal custodian, the mother has sole legal custody. Once the court gets involved, R.C. 3109.042 requires that the father be treated equally: “A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.” This means that a father who would like rights to his child needs to seek a court order establishing that he is the father and granting him such rights.
What Court Should A Paternity Complaint Be Filed?
Paternity complaints originate in different courts, depending upon which county one files. In Medina County and Summit County, such cases are filed in domestic relations court. In Wayne County, such cases are filed in juvenile court.
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Call To Learn More About How Custody Rights Of An Unmarried Mother Applies To You
Attorney Gigiano is a Medina County child custody attorney in Wadsworth, where he fights for the rights of legal custodians and to have legal custody granted to deserving individuals. If you have questions about this or other questions you need answered by an experienced Orrville legal custody lawyer in Medina County or Wooster divorce lawyer in Wadsworth, please call Attorney Daniel F. Gigiano at 330-336-3330.
