"NOT THE MAMA!"

Many Vidovich Law clients are completely unaware of the laws concerning parental rights in Ohio. Vidovich Law would like to provide some clarification:

In Ohio, if a child is born during a marriage the husband is presumed to be the father of the child. Although Ohio law presumes the husband to be the father of the child, either parent and/or the actual biological father can challenge this presumption in court.

On the other hand, if a child is born to an unmarried woman in the State of Ohio, she is considered the sole residential parent and legal custodian of the child under the laws of Ohio (Ohio Revised Code §3109.042).  After the birth of the child, the mother does not have to file any documents with the court in order to legally establish the custody of the child. The father of the child, however, has no legal rights until he establishes paternity and obtains a court order granting him custody, shared parenting, parenting time, and/or visitation.

Paternity can be established by signing an Acknowledgment of Paternity at the time of the child’s birth or at a later date through DNA testing. It is extremely important to establish paternity as soon as possible after birth as the father will not be legally recognized until this is completed. Once paternity is established, unmarried fathers have an equal claim to custody under Ohio custody laws. This means that fathers have just as much right to take custody of the child as the mother.

Many fathers of children born to unmarried women believe that establishing paternity automatically provides the father with custody, parenting, or visitation rights with the child. This is not accurate. Fathers who establish paternity and fathers who are ordered to pay child support through the Child Support Enforcement Agency are required to petition the appropriate court for custody, shared parenting, and/or parenting time.