An Unclaimed Child

I'm not sure if I'm posting on the right board, but here's my dilema:

I was told that my child is unclaimed in a court of law (or meaning he has no legal guardian). When he was born, I was not married, and did not get married to his father till 14 months later.

I came to find out that in the state of Ohio (where I currently reside) that he MUST have a guardian. Obviously, when he was born, I automatically thought I was his guardian.

Now that my husband and I are fighting, and he's threatening to take my son, I'm contiplating divorce.

My question is, how do I go about getting a court document saying that I am his legal guardian and can I do this without my husband knowing or without his consent?

Also, If I file a motion for custody or guardianship of my son, can my husband protest this?

Did you fill out a birth certificate for your child when he was born?? If you did and it clearly states on the line mother's name and your name is there, then you have claimed the child. I think the courts mean that the paternity has never been established for the child....Is your husband's name on the birth certificate? If not, he would have to file for paternity. If so, maybe the courts mean that since neither of you have ever legally filed for custody, then it is assumed that you BOTH have custody until you have the courts decide it. Hope I cleared that up for you?

Deefran, Thank you for your quick reply!

We are both on the birth certificate, that's why I assumed we both had custody.

I belive now that maybe what they are saying is that since we were not married, the father cannot legally claim the child without filing for it (ie: a paternity test).

The laws here are rediculous and very poorly written, hence the confussion.

Again, thank you for your insight and I'll keep searching law books for the answer.


Kammy