child custody Q. unmarried ohio female help?

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

At this point, possession is 9/10 of the law. How far away does his mother live? If it's in another state, DO NOT let him take your son with him. I don't see any reason why Ohio's laws would be radically different from Wisconsin's, so I'll tell you how things work here, and you can check with the courts in your area to see for sure. Right now, custody depends on mutual agreement. Without a court order, the two of you make the rules. If you can't agree, then you get a mediator appointed by the court, and you sit down to discuss everything. If that doesn't work, then you get a court date, and they get out their big old rubber stamp and give you the usual schedule that everyone else gets, minus a tweak here and there to tap dance around your schedules. Once you set foot in the courtroom, you have the natural advantage. The only things that will sway the judge (usually) is if you've made a horrible parenting mistake (and he hasn't), and his parents are willing to raise the baby with him.

But, from me to you, a request. You've had a year to decide what kind of dad he really is. I mean, your differences aside, if he's a great dad to your son, or even a good dad... cut him some slack. If he's a crappy dad, treat him like it, and hang the b*stard.

But custody battles are not contests, and kids are not trophys to be handed to the winner of a custody battle. You don't become the best parent because you have the kid. You're supposed to get the kid, because you're the best parent. But it doesn't always work that way.

Answer 2

Get the courts involved if you don't want him to take him. I don't know what the law is there, but I think if either parent takes a child without the consent of the other parent, it's kidnapping.

Get the law involved, or you might regret it later.

Answer 3

At the moment he has the child but going by what I know you have to go to court for custody as it is the law who makes it right

Answer 4

If there has been no formal establishment of custody, you have joint custody. My suggestion is that you hire a lawyer and file before he does. And I also suggest that you get a temporary restraining order to prevent him from leaving your area with the child.

Answer 5

YOU have custody until a court decides otherwise!
DO NOT let him take your son anywhere!
He does not have custody-joint or otherwise unless he takes you to court or you agree to it!
Yes it would be kidnapping.

Answer 6

First off contact a lawyer ASAP, second if you are not married he can not just take your son without your consent, if you can't afford a lawyer contact a legal services number (they are in every phone book). Do not let anyone take your child without kicking, screaming and fighting like hell.

Answer 7

I say move yourself somewhere unknown to him before he files papers. Don't make it easy if you want to keep the child all to yourself. Then again, what would be so bad about the boy having not only his father but his grandparents as well to love him?

Answer 8

is he on the birthcertificate if so he has as much rights as u don't let him take your baby anywhere by his self untill u get court papers giving u full custody

Answer 9

Go to court, you will need to to get child support etablish anyway

Answer 10

nope,,,not kidnapping !!!!! He has as much right to them as u do until a court of law sais so.... So my advice is,,,,stay out of His way !!! And start file'n Girl !!!