I'm a single mother in ohio. my daughter is 1 year old. i've never been married to her father. His name is on the birth certifiate and she has his last name. I've ALWAYS been her care provider. our adress has been the same until recently. Do i have sole custody or do i have to file for it? what rights do i have?
2007-12-31 13:02:13 · 6 answers · asked by nurseaidgirl07 2 in Politics & Government ➔ Law & Ethics
btw.. he hasnt paid me a dime!
2007-12-31 13:19:05 · update #1
not a good dad either. i would love for it to work out without all this and i've tried bt now is time to get custody..things have took a turn for the worse..
2007-12-31 13:21:09 · update #2
Under Ohio Revised Code, if a child is born to an unmarried mother, the mother is the sole residential parent and legal guardian of the child unless a court order is issued. After the parents establish paternity, the father may petition the court for visitation or for custody.
2007-12-31 13:38:09 · answer #1 · answered by allrightythen 7 · 3⤊ 0⤋
No, you don't have sole custody until a court says so. Right now, the father has equal access to the child.....same rights you have.
If you want sole custody, you have to go to court and petition for it....at the same time, you can have the judge set child support payments.....
As it stands, the father could come by, pick up the child and keep it.
2007-12-31 23:19:54 · answer #2 · answered by Anonymous · 1⤊ 2⤋
If you have not established paternity and have not had a court decide custody...no one has custody...or at least no one has legal custody of your daughter. You have physical custody of her which is generally the most important issue. If you are having troubles with him you may want to move away rather than fight for child support/paternity/custody ...because ultimately if he decides to fight you...he will end up with some kind of custody and/or visitation and he may not ever pay you a dime. Right now...you can move away without notifying him or anything...right now you can basically do anything because you have no court orders. If he decides to pursue legal custody...he will need to establish paternity first...unless you stipulate to it...which, if you are having problems...I wouldn't do it...I would delay things as much as possible. If you decide to move...you may want to start your own case in another jurisdiction FAR away which will establish VENUE in your favor and make it harder for him to fight you from afar. Good luck!
2007-12-31 22:35:38 · answer #3 · answered by lahockeyg 5 · 1⤊ 1⤋
I am going through a similar situation. The father never wanted the baby, we were never married, he didn't add his name to the birth certificate but the baby has dad's last name. Paternity was established before I went overseas. I came back in dec 06 and tried to changed my baby's last name to mine and dad refuses. I also petition for sole custody. He refuse that he says I am unfit because I am not married and he is and that the baby does not obey or listens to me. I am hoping this all will be over soon. If I had it to do all over again I would not have given my son his last name and I doubt I would have taken him for child support. I am worried that this guy will come here with his new wife and his mama to take my baby. He lives on the East coast and I am in the Mid west. I don't think I would ever leave here. At least he just can't come here to take my baby. think long and hard before you open up the can with those worms!
2007-12-31 21:56:53 · answer #4 · answered by Sassy one 1 · 1⤊ 0⤋
HAS HE BEEN IN HER LIFE, PAYING SUPPORT, VISITING HER.
MY FIRST WIFE HAD A BABY WHEN WE MET HE WAS OUT OF PICTURE UNTIL HER 5 B DAY HE GOT CUSTODY FROM HER!
2007-12-31 21:13:39 · answer #5 · answered by Curtis R 4 · 0⤊ 0⤋
If you have physical custody, and he is not asking for more rights than are reasonable, and he is not abusive, I wouldn't rock the boat right now. At some point you may want to have it on paper because of conflicts. But if it's working fine, why get the courts into the middle of it? Trust me, neither of you will be completely happy with the result. You're better off to work together in the best interests of your child if you can.
2007-12-31 21:11:08 · answer #6 · answered by Terri J 7 · 1⤊ 0⤋