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Single mom with default custody, how to get papers.

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mommalee

Junior Member
What is the name of your state (only U.S. law)? Ohio

I'm a single mother, I have custody of my son but I do not have custody papers. Would i have to go through a whole court session to get it written in papers that i have custody?

Also, I'm wondering about how to get visitations with the father in papers as well.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio

I'm a single mother, I have custody of my son but I do not have custody papers. Would i have to go through a whole court session to get it written in papers that i have custody?

Also, I'm wondering about how to get visitations with the father in papers as well.
Yes, you have to go to court and serve the father (establishing paternity along the way). The father would stand EQUAL with you in the initial determination of custody.
 

mommalee

Junior Member
Yes, you have to go to court and serve the father (establishing paternity along the way). The father would stand EQUAL with you in the initial determination of custody.
The father is in the Marine Corps, stationed in Hawaii. Paternity has already been established
Not sure if that makes a difference or not, I forgot to add that in the original post.
 

Ohiogal

Queen Bee
The father is in the Marine Corps, stationed in Hawaii. Paternity has already been established
Not sure if that makes a difference or not, I forgot to add that in the original post.
Doesn't make a difference. The court would still have to recognize paternity. Dad would stand equal to you in relation to custody ... expect a long distance visitation plan put in place where your child travels to Hawaii for long breaks and summers.
 

LdiJ

Senior Member
Doesn't make a difference. The court would still have to recognize paternity. Dad would stand equal to you in relation to custody ... expect a long distance visitation plan put in place where your child travels to Hawaii for long breaks and summers.
While dad is obviously going to stand equal in relation to custody the best interest of the child also factors in, and since mom said:

Also, I'm wondering about how to get visitations with the father in papers as well.
its pretty clear that mom is prepared for dad to have parenting time.

While I understand why you emphasize the whole "both parents stand equal in initial custody determinations" I seriously doubt that you intend to scare off unwed parents from even filing to get custody/parenting time orders established. If I were an unwed parent in Ohio and some random attorney told me that I could lose primary custody of my child by simply trying to get things legally ordered...in a situation where clearly the best interest of the child would be to remain with one parent or the other, I would tend to say heck no, I am not starting anything.

I seriously understand why you want both parents to understand that they are equal. However lets be real. Military parent who is stationed in Hawaii vs non military parent who lives in Ohio with the child...equal standing or not, we all know who is going to get primary custody...particularly if the child is an infant or toddler.

And particularly since I KNOW that you are all about the best interest of the child, and you would NEVER advocate sending an infant or toddler to live with a parent they don't even really know unless the known parent is completely unfit.
 

latigo

Senior Member
Mmmm . . .

You've been practicing the fine art of family law for some time have you, Ld? Earn our J. D. at ''Whatsamatta U" or "Elbonia State"?
 

Silverplum

Senior Member
While dad is obviously going to stand equal in relation to custody the best interest of the child also factors in, and since mom said:



its pretty clear that mom is prepared for dad to have parenting time.

While I understand why you emphasize the whole "both parents stand equal in initial custody determinations" I seriously doubt that you intend to scare off unwed parents from even filing to get custody/parenting time orders established. If I were an unwed parent in Ohio and some random attorney told me that I could lose primary custody of my child by simply trying to get things legally ordered...in a situation where clearly the best interest of the child would be to remain with one parent or the other, I would tend to say heck no, I am not starting anything.

I seriously understand why you want both parents to understand that they are equal. However lets be real. Military parent who is stationed in Hawaii vs non military parent who lives in Ohio with the child...equal standing or not, we all know who is going to get primary custody...particularly if the child is an infant or toddler.

And particularly since I KNOW that you are all about the best interest of the child, and you would NEVER advocate sending an infant or toddler to live with a parent they don't even really know unless the known parent is completely unfit.
Who said infant? Who said toddler?

I KNOW you want to say what YOU WANT. So say it your ownself, WITHOUT crawling up OG's leg to do it.
 

Ohiogal

Queen Bee
While dad is obviously going to stand equal in relation to custody the best interest of the child also factors in, and since mom said:



its pretty clear that mom is prepared for dad to have parenting time.

While I understand why you emphasize the whole "both parents stand equal in initial custody determinations" I seriously doubt that you intend to scare off unwed parents from even filing to get custody/parenting time orders established. If I were an unwed parent in Ohio and some random attorney told me that I could lose primary custody of my child by simply trying to get things legally ordered...in a situation where clearly the best interest of the child would be to remain with one parent or the other, I would tend to say heck no, I am not starting anything.

I seriously understand why you want both parents to understand that they are equal. However lets be real. Military parent who is stationed in Hawaii vs non military parent who lives in Ohio with the child...equal standing or not, we all know who is going to get primary custody...particularly if the child is an infant or toddler.

And particularly since I KNOW that you are all about the best interest of the child, and you would NEVER advocate sending an infant or toddler to live with a parent they don't even really know unless the known parent is completely unfit.
Did you read the whole post? Where did I say that mom would lose custody? In fact if you continued reading you would see that I stated she should plan for a long distance visitation plan where the child would spend summers and long breaks in HAWAII. No where did I say that mom would LOSE custody. No where did I say that at all. The point is, it is not as simple as stating that she files papers and voila! She has custody. There will be at least one hearing if not more. Dad may end up with joint legal custody. So where did I state she was going to lose primary custody? Oh yeah. NEVER SAID THAT. Heck, I didn't even imply it. Try again.
 

Just Blue

Senior Member
While dad is obviously going to stand equal in relation to custody the best interest of the child also factors in, and since mom said:



its pretty clear that mom is prepared for dad to have parenting time.

While I understand why you emphasize the whole "both parents stand equal in initial custody determinations" I seriously doubt that you intend to scare off unwed parents from even filing to get custody/parenting time orders established. If I were an unwed parent in Ohio and some random attorney told me that I could lose primary custody of my child by simply trying to get things legally ordered...in a situation where clearly the best interest of the child would be to remain with one parent or the other, I would tend to say heck no, I am not starting anything.

I seriously understand why you want both parents to understand that they are equal. However lets be real. Military parent who is stationed in Hawaii vs non military parent who lives in Ohio with the child...equal standing or not, we all know who is going to get primary custody...particularly if the child is an infant or toddler.

And particularly since I KNOW that you are all about the best interest of the child, and you would NEVER advocate sending an infant or toddler to live with a parent they don't even really know unless the known parent is completely unfit.
Huh?????? :confused:
 

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