Unwed Couple - A Father's Rights

[skue]

What is the name of your state? Ohio

Assuming Ohio does not recognize common law marriages, here is my question. The couple have been living together and a child is born. The couple never married. The woman puts the man's name on the birth certificate as the child's father (which he is). The child is given the man's last name. The two continue to live together and raise the child together. Tragedy occurs and the mother dies. Will the father automatically get custody of the child or will her family get custody? Would it have been wise for the father to actually legally adopt the child when it was born in order to avoid any family feuds over the child?

If I posted this in the wrong forum, I apologize.

Thank you.

 

[brisgirl825]

Did he sign an Affidavit of Paternity at the hospital?

 

[skue]

The baby won't be born until February 2006. Should he sign an Affidavit of Paternity when putting his name as the child's father? Would this guarantee him custody if anything should happen to the child's mother and the two parents are not married?

 

[brisgirl825]

The baby won't be born until February 2006. Should he sign an Affidavit of Paternity when putting his name as the child's father? Would this guarantee him custody if anything should happen to the child's mother and the two parents are not married?

As long as he is sure the kid is his, that's the best way to do it. He will be the legal father and would automatically get custody, so long as he's not the one who caused mom's "accident".

 

[skue]

So, what you are saying is that, in the State of Ohio, he does not have to "adopt" the child once it is born. Correct? All he needs to do is file an Affidavit of Paternity. I'm not sure about the process but is this done at the same time as the birth certificate? By completing the Affidavit, he would automatically get custody of the child, right? Even though the two of them are not married, right? I am asking these questions because the two individuals in question are not interested in getting married at this time and if something should happen to the mother, she would want to make sure that the father would have custody of their child. If, somewhere down the road, they do decide to get married, no "adoption" is necessary, right? I really, really appreciate your help on this.

 

[brisgirl825]

So, what you are saying is that, in the State of Ohio, he does not have to "adopt" the child once it is born. Correct? All he needs to do is file an Affidavit of Paternity. I'm not sure about the process but is this done at the same time as the birth certificate? By completing the Affidavit, he would automatically get custody of the child, right? Even though the two of them are not married, right? I am asking these questions because the two individuals in question are not interested in getting married at this time and if something should happen to the mother, she would want to make sure that the father would have custody of their child. If, somewhere down the road, they do decide to get married, no "adoption" is necessary, right? I really, really appreciate your help on this.

He doesn't have to adopt a child that is his.

If he signs the paperwork, at the hospital, he will be the legal father, with rights. The hospital staff will give mom and dad the paperwork to sign, after the baby is born.

Even though they are not married, he will get custody, b/c he is admitting that he is the father, by signing the Affidavit of Paternity, and is taking that responsibility.

If they get married later, no adoption is needed!

 

[skue]

Thank You!!!
Thank You!!!
Thank You!!!

 

[brisgirl825]

Thank You!!!
Thank You!!!
Thank You!!!

You're welcome!

 

[titansfan]

cherish that child

and congratulations on the baby too!

 

[Grace_Adler]

Just wanted to add one little tiny thing. LOL It may also be called Affadavit of Parentage. Just wanted to add that in case Dad gets to the hospital and asks to sign and asks for the other one and they look at him like "Huh?" LOL I don't know which one they call it there but either way, the hospital staff should know what he's talking about.