he and his x girl friend lived together for the 1st 5 years of his daughters life, he pays child support and carries her on his medical insurance. in the state of ohio a father has no parental rights, as far as we know, untill appointed by a judge. we are wondering if there is a way for him to get the right to see his daughter with out having to hire a lawyer?
2007-12-01 10:11:52 · 5 answers · asked by ima_radcliff 2 in Politics & Government ➔ Law & Ethics
did i not make it clear that this is the man that i am about to marry? and i realize that this is something the two of them need to work out together i am just trying to help him figure out if there is a way that he can do this with out hiring an attorney, because money is tight. obviously his x and him cannot work anything out on their own if she will now let him have her on the weekends.
2007-12-01 10:31:00 · update #1
In the State of Ohio, NOBODY has legal custody until someone files for it. If your fiance's ex never filed for legal custody, he has as much right to the child as she does. Physical custody does not equal legal custody in Ohio. My daughter has always lived with me, and I still had to file for legal custody.
If he is paying his support through CSEA, they should have determined custody & visitation at the same time that they calculated child support. If he hasn't gone through CSEA for child support, he can open a case through them to get a child support order and to establish a legal visitation schedule.
You don't need an attorney to do this if youre satisfied with the minimum (1 weekday evening, every other weekend and every other holiday). The people down at the child support enforcement agency are generally very helpful.
Good luck!
2007-12-01 11:52:15 · answer #1 · answered by browneyedgirl623 5 · 1⤊ 0⤋
Well...he can try to do it himself, but it will be very hard. It's worth hiring an attorney, and if his daughter is important to him, he shouldn't mind the extra expense.
He has to sue for paternity. Once the Court has declared him to be the father, a child support and visitation order will be entered.
If she answers his lawsuit saying he is the father, then the order should be pretty easy and not very costly.
His attorney should suggest to her that if she fights his paternity, she may have to pay him back all the child support he's paid, and may suffer criminal charges for insurance fraud for all the insurance claims she's filed while he carried the girl on his insurance.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-01 10:24:59 · answer #2 · answered by scottclear 6 · 1⤊ 0⤋
marry him or not, it's still not your business. I have to agree with the first person posting...I have been down that road as the father paying. I paid 2 out of 3 yrs without seeing my daughter. Custody and child support are two different courts. It's his problem though...he's gotta stand tall.
2007-12-01 10:53:26 · answer #3 · answered by primalclaws1974 6 · 0⤊ 1⤋
Nope. Your fiance must go back to court and get awarded visitation. He DOES have parental rights, he just isn't the custodial parent.
2007-12-01 10:47:46 · answer #4 · answered by cyanne2ak 7 · 1⤊ 0⤋
But out! Let your boyfriend and his ex work out an arrangement. She might resent your involvement with her daughter. (That is understandable since you are just boyfriend and girlfriend).
Good Luck!
2007-12-01 10:19:40 · answer #5 · answered by Ti 7 · 0⤊ 1⤋