child custody Q. unmarried ohio female?

Question

i am female have a 1 y/o son, not married to father, had a DNA test and it proved he was father, we are splitting up and hes moving back home and wants to take my son, do i have custody of my son since no court has been involved? if he took my son isnt that kidnapping? we are not married, we did have a dna test, we are in ohio.

ALSO-- he is going to live with his mom back home

Answer 1

I'm not sure of Ohio but in TX the one who files first gets custody, at least until a court date. Get an attorney ASAP. If he attains custody first you will have a much harder time of winning unless he is doing something inappropriate.

Here's Ohio's law:

[§ 3109.04.2] § 3109.042. Custody rights of unmarried mother.

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. 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.

It looks to me that you would have custody, but I would still get an attorney. Best of luck to you.

Answer 2

Though you were not officially married,- (formal wedding and service) in the eyes of Ohio law, you may be considered to be a Common-law marriage. Each state spells how how long you have to be together, did you present an appearance that you were living as man and wife etc.

You state he wants to take the child with him - he is the paternal father and has some rights as do you. Whose rights should prevail - that becomes a civil issue which needs to be decided in court. The interest of the child is first and foremost. Who can best provide and care for this child? In many cases, if the child is young, the courts will usually side with the mother - unless they can show she is using drugs, has no money or shelter. You will need to contact a lawyers to learn all your possible ways that your case could go.
You say the father want to take the child and move ion with his mother At this point, it may appear that he has a better home environment - living with his mother - than what you may have.

You need to get a court order that designates who will have custody of the child. The decree will also specify visiting right, payment of child support and other areas. From what little I know about your situation, is there a chance you could join him with his mother and try to make things work? If its not an ugly, it may be better for the child. Good luck

Answer 3

Hi...fellow ohioan, going thru similar case myself. While babys daddy may be on th BC, and paternity has been determined, you two are not married, and while he may be the biological father, the case would be no different if you two parted waysfor other reasons. You have assumed custody of the minor child, mostly because of your sons age.As long as you can provide a safe enviroment, and can support your son, A court order will need to be established, and he will pay child support. This does not however mean that he has no custodial rights.He will just have to work with you to set up somekind of agreement, between yourselves or thru the court.No, as far as I understand, he can not just take your son. As a father, No matter what my girlfriend has done to me, I wouldn't take my son away from his mother. Moms are just to important to a small child that way.And I hope he wouldn't do that just to get at you.
I don't know why this is happening, but I'm going thru similar thing rite now, and I'm here to tell you, there is no good to come of this situation, especially on your sons behalf.I wish you luck, and remember why your doing this....for your son......

Answer 4

First of all, that is your son, you need to involve child support services, and consult a lawyer. if you look in the phone book alot of them do free consultations over the phone. I am not sure how it works in ohio, in california that stuff doesn't go down. I can't imagine he would be able to just take your son without your consent. that sounds like kidnapping to me.

Answer 5

Is he listed on the birth certificate as the father? Since you aren't married it could be kidnapping. Does Ohio recognize common law?

Answer 6

First of all are you going with him.By law right does the baby have your last name or his last name and did he sign the birth certicate.If he didnt you have custody call the cops if he tries to take your son out of state you hold all the cards.

Answer 7

Well, since there is no court order, it's gray area. Get a lawyer and get custody.