Ohio Child Custody Laws for Unmarried Parents

Child Custody in Ohio for Unmarried Parents

Nowadays, many parents decide not to marry by choice or because the relationship ended. However, child custody usually still needs to be established. And while Ohio has gender-neutral child custody and visitation laws, it can still be a challenge to navigate if parents were not married before the child’s birth.

Gavvl Law, LLC simplifies child custody for unmarried parents. Our team of experienced and local custody attorneys offers personalized support tailored to your unique needs, budget, and location. We’ll help you at every step, ensuring transparency, convenience, and affordability.

Children Born Out of Wedlock

In Ohio, the mother of a child born out of wedlock is automatically granted sole custody unless a court order states otherwise. This means she has the legal right to make all significant decisions for the child.

Establishing Paternity

The first step for an unmarried father to assert any parental rights, including custody, is to establish paternity. This can be done voluntarily or through a court order. Once paternity is established, both parents have equal standing to seek custody and parenting time. However, the father must initiate a custody action in court to obtain a custody order.

Custody Determinations for Unmarried Parents

Ohio courts prioritize the best interests of the child when determining custody arrangements.

Factors considered include, but are not limited to:

• The child’s bond with each parent
• The child’s wishes (if old enough)
• Any history of domestic violence or substance abuse
• The parents’ ability to provide for the child’s basic needs
• The parents’ parenting skills
• The stability of each parent’s home environment

Working closely with an Ohio child custody lawyer is essential to understanding your rights and options in family law cases like these.

When Unmarried Parents File for Custody

To obtain custody of your child in Ohio, you must file several forms in the proper Domestic Relations Court. The right court would be any court where you’ve previously had child custody or visitation decided about the child or where the child lives.

Child Custody Forms for Unmarried Parents

The correct forms for child custody and visitation can be obtained from the Ohio Supreme Court website. However, they are complex. It’s best to complete them with an Ohio child custody attorney.

• Complaint for Parentage, Allocation of Parental Rights and Responsibilities, and Parenting Time
• Request for Service
• Parenting Proceeding Affidavit
• Affidavit of Income and Expenses

Serving the Child Custody Complaint

Once you file the child custody complaint and other paperwork, you must serve the child’s other parent with the documents. This can be done through any method approved by the court in your county, including certified mail, a sheriff’s personal service, or another method. Proof of service must be filed with the county court.

Negotiate with the Other Parent

The court will likely pressure you to reach an agreement with your child’s other parent regarding child custody and visitation. You might go through mediation and reach a mutually agreeable parenting plan. Mediation is an alternative dispute resolution that avoids going to court and can be more cost-effective than paying hefty legal fees.

Finalizing Unmarried Custody

Once you reach a mutually agreeable custody and visitation outcome or the court establishes one for you, the judge will issue a Final Decree. This court decision outlines the parenting plan terms, including child custody issues and visitation schedules.

Legal Help for Unmarried Parents 

• Child Custody Modifications: Update your parenting plan to make it equitable for your circumstances.
• Visitation/Parenting Time: Understand how much time you are owed with your children.
• Child Support: Secure payments to support your child comfortably.
• Temporary Custody: Ensure your child is safe and in a supportive environment.
• Grandparents’ Rights: Grandparents can fight to see their grandchildren.
• Mothers’ Rights:  Ensure your rights as a mother are protected in custody, support, and visitation cases
• Fathers’ Rights: Parents share the right to see or raise their children.
• Custody Agreement Violations: Enforce your custody agreements.

FAQs: Child Custody for Unmarried Parents in Ohio

Who has custody of a child born to unmarried parents in Ohio?

The mother is typically granted sole custody unless a court order states otherwise. A father can challenge custody once the baby is born and seek sole or shared custody as well as adoption rights.

How can an unmarried father establish his parental rights in Ohio?

An unmarried father can establish parental rights and responsibilities through voluntary acknowledgment or court order. If the mother is opposed to the voluntary acknowledgment, the father may have to seek a paternity test and court order.

Can unmarried parents create a custody agreement without going to court?

Yes, parents can create a parenting plan. However, it’s advisable to have it reviewed by an attorney and formalized by a court order. This protects both parents and the children involved.

Is it mandatory for an unmarried father to establish paternity?

While establishing paternity is not mandatory, it’s recommended if you’re pursuing custody and visitation.

How can Gavvl assist unmarried parents with custody?

Gavvl simplifies the custody process Start with a quick phone call or online form, and we’ll offer a 30-minute consultation with a Gavvl team member to understand your needs. We’ll then create a customized legal plan and assemble a team based on your situation, location, and urgency.

Additionally, we provide 24/7 access to your case, easy communication with your lawyer, and the option to pay only for the services you need.