My god... didn't mean to start a war!

[cgcivy79]

What is the name of your state? OHIO

I was the one who posted the "ok ok, here's a question blank and to the point". After not being on here for a day I seen all the crazy ranting and raving. Just nuts!!

Anyhow, on a more serious note, my question still has gone unanswered and I would really really appreciate if someone with a law degree could answer it. Reason why I'm here is because i don't have a law degree... otherwise I wouldn't be.

Here is the question:

Since the mother died, does the father whom has a child support/visitation order/proven paternity HAVE to file for custody? Or does he just automatically assume the responsiblity of raising the child??

We all know the mother had "custody" because of the fact that she had their son out of wedlock and no court deemed otherwise.... but since the role is reversed..... does the FATHER have to FILE for CUSTODY since the mother is now deceased??? Yes or No???

 

[seniorjudge]

What is the name of your state? OHIO

I was the one who posted the "ok ok, here's a question blank and to the point". After not being on here for a day I seen all the crazy ranting and raving. Just nuts!!

Anyhow, on a more serious note, my question still has gone unanswered and I would really really appreciate if someone with a law degree could answer it. Reason why I'm here is because i don't have a law degree... otherwise I wouldn't be.

Here is the question:

Since the mother died, does the father whom has a child support/visitation order/proven paternity HAVE to file for custody? Or does he just automatically assume the responsiblity of raising the child??

We all know the mother had "custody" because of the fact that she had their son out of wedlock and no court deemed otherwise.... but since the role is reversed..... does the FATHER have to FILE for CUSTODY since the mother is now deceased??? Yes or No???

Unfortunately, that is not a yes or no question.

If, for example, the father had not seen the kids for several years, then the do-gooder bureaucrats might want to pa to "reintegrate" with the kids.

There's nothing automatic here.

 

[cgcivy79]

Unfortunately, that is not a yes or no question.

If, for example, the father had not seen the kids for several years, then the do-gooder bureaucrats might want to pa to "reintegrate" with the kids.

There's nothing automatic here.

Father has been in the childs life his entire 8 years. Father has taken him on regular visitation basis... father has never "disappeared" or anything...

 

[seniorjudge]

Father has been in the childs life his entire 8 years. Father has taken him on regular visitation basis... father has never "disappeared" or anything...

Then why is the kid being kept from you?

(I didn't read the flame war thread.)

 

[cgcivy79]

Then why is the kid being kept from you?

(I didn't read the flame war thread.)

When the mother died on Friday night... the child was with his half brother's grandmother being babysat. (it wasn't the father's weekend with the child) The woman told the father that she didn't want the boys seperated and she wanted his son to live with her and she has sinced refused to give him his son. We went to the police station on Saturday and the police would not escort the father to get his son because he couldn't locate his actual visitation paperwork from the courts.... (he's the typical male who doesn't think paperwork is important, or needed for future use). The cops told the father to go to the court on Tuesday when they open (they are closed today cuz of the Holiday) and get his visitation paperwork, then they would escort him to get his son from this woman.

But when he gets his son in his physical presence, should he file for custody or does he automatically assume that?

 

[slimshady]

OP...YOU didn't start any kind of war. SOmeone else did because they were so hellbent arguing about an extreme court case -- in another state that had no bearing on yours whatsoever.

In regards to your question...it's not a simple yes or no, as you've been told. You are most likely leaving a ton of stuff out.

 

[rmet4nzkx]

What is the name of your state? OHIO

I was the one who posted the "ok ok, here's a question blank and to the point". After not being on here for a day I seen all the crazy ranting and raving. Just nuts!!

Anyhow, on a more serious note, my question still has gone unanswered and I would really really appreciate if someone with a law degree could answer it. Reason why I'm here is because i don't have a law degree... otherwise I wouldn't be.

Here is the question:

Since the mother died, does the father whom has a child support/visitation order/proven paternity HAVE to file for custody? Or does he just automatically assume the responsiblity of raising the child??

We all know the mother had "custody" because of the fact that she had their son out of wedlock and no court deemed otherwise.... but since the role is reversed..... does the FATHER have to FILE for CUSTODY since the mother is now deceased??? Yes or No???

Several people including a licensed Ohio attorney answered your question, I am not an attorney but I also answered your question appropriately, I am sorry if these responses were not what you wanted to hear. You must also understand, you are not party to this issue and it simply is not the time to assert rights not belonging to you.

 

[CJane]

Here is the question:

Since the mother died, does the father whom has a child support/visitation order/proven paternity HAVE to file for custody? Or does he just automatically assume the responsiblity of raising the child??

I'm confused...

Isn't this your original question?

Yes, there is a need. Because I have two kids with a complete moron and I'd like to know if their father would automatically get them if I was to die... god forbid! Cuz if it is the case... I'm off to file a living testament or will or something on TUESDAY!

 

[Ohiogal]

Dad gets custody/visitation paperwork (a certified copy) from the courts tomorrow morning, calls the police and goes to pick up his child and then asks to file charges regarding parental interference against the people that kept his child from him.

 

[cgcivy79]

Dad gets custody/visitation paperwork (a certified copy) from the courts tomorrow morning, calls the police and goes to pick up his child and then asks to file charges regarding parental interference against the people that kept his child from him.

So dad doesn't need to file anything with the courts as far as having custody goes?

 

[Gracie3787]

So dad doesn't need to file anything with the courts as far as having custody goes?

Ok, maybe this will work:

Dad is the LEGAL father.

Dad takes the court order proving he's the legal father to the police.

The police remove the child and put child into Dad's hands.

Dad does NOT have to file anything- once he has the child it will be up to anyone who objects to him having his child, to file something to challenge the custody.

Dad does have the option of filing charges against the person(s) who kept his child unlawfully.

Understand now?

 

[cgcivy79]

Ok, maybe this will work:

Dad is the LEGAL father.

Dad takes the court order proving he's the legal father to the police.

The police remove the child and put child into Dad's hands.

Dad does NOT have to file anything- once he has the child it will be up to anyone who objects to him having his child, to file something to challenge the custody.

Dad does have the option of filing charges against the person(s) who kept his child unlawfully.

Understand now?

Yep..... i was just wondering if that had to be done for school enrollment reasons or social security reasons or whatever reasons because usually the mom does all that stuff and whats he supposed to say "she's dead"?? Guess so! Thanks for your help!

 

[nextwife]

Yep..... i was just wondering if that had to be done for school enrollment reasons or social security reasons or whatever reasons because usually the mom does all that stuff and whats he supposed to say "she's dead"?? Guess so! Thanks for your help!

For now it would be easier if he obtains a copy of the police report/obit to show the school when enrolling his child, as death certificates take a while to get.

He can probably access the obituary online and print it out.