Unmarried Parents

Within the state of Ohio, the unmarried parents of children face numerous legal issues that must be resolved in order to establish and maintain each parent’s legal rights and responsibilities with regards to their children.

Rights of Unmarried Parents

In the state of Ohio, the mother is automatically vested with sole custody of any child born to unmarried parents. The father has no rights over the minor child until such rights are established by a court of law.

Mothers

Mothers have sole custody of any child born to unmarried parents. As sole custodian, mothers have full legal control and decision making responsibility for the minor child. As sole custodian, mothers may seek to establish paternity for the child, seek child support from the father and seek reimbursement of birth and pregnancy expense from the father.

Fathers

Fathers have no rights over the minor children until such rights are established by a court. Fathers may seek to establish paternity for the child and seek custody and parenting time rights (visitation). Fathers may establish custody and parenting time rights by filing an action in the juvenile court.

Until such time that the court issues an order, the father has no custody or parenting time rights with the minor child. However, fathers may make decisions regarding the child and exercise parenting time with the agreement or consent of the mother.

Paternity

Parents may establish paternity using three different methods in the state of Ohio.

• Acknowledgment of Paternity
• Parents may jointly sign an acknowledgement of paternity affidavit. Typically, this document is signed at the hospital following the child’s birth. This form becomes final sixty days after its signing.
• Paternity Testing (through CSEA)
• Either parent may request paternity testing through the local child support enforcement agency (CSEA). If the paternity test is more than 99% positive, then the Father shall be deemed the legal father of the minor child pursuant to an administrative order of paternity.
• Paternity Case (through Juvenile Court)
• Either parent may file an action for paternity through the juvenile court. The court will order paternity testing unless the parties agree to paternity.

Change Child’s Name

Once paternity is established, the parents may seek to change the child’s last name to the father’s last name, the mother’s last name or a variation of both of the last names. If the parties agree upon the last name of the child, they may seek to change the last name of the child by filing an action in juvenile or probate court. If the parties do not agree upon the last name of the child, the last name shall be decided by the court.

Establish Custody and Visitation Rights

Father may request custody and parenting time, also called visitation, by filing an action with the juvenile court. The court will award custody and parenting time based on the best interest of the minor child. The court may also address other issues such as child support, health insurance, division of uncovered health expenses, division of tax dependency exemptions and the child’s name within the same court case.

Child Support

• Parents may establish child support using three different methods in the state of Ohio.
• Administrative Case (through CSEA)
• Mother may request child support by filing a request through the local child support enforcement agency (CSEA).
• Court Case (through Juvenile Court)
• Mother may request child support by filing an action with the juvenile court.
• Back child support to date of birth
• Mother may request back child support from the date of the child’s birth to the present by filing an action with the juvenile court.

Contact Us

Please contact the attorneys at Dougherty, Hanneman and Snedaker for a confidential consultation with an Ohio State Bar Association Certified Specialist in Family Relations Law regarding your family law issue. Attorneys Douglas Dougherty, James Hanneman and Robert “Chip” Snedaker are three of just ninety-nine attorneys (as of January 1, 2008) in the state of Ohio, who have earned the designation of Certified Specialist, Family Relations Law.