samson hejl
Member
What is the name of your state?ohio i am named father on childs birth cert, not alleged father but father, does that entitle me to any custody of said child?
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king sol new question please respond
- Thread starter samson hejl
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YES!
You have an equal opportunity to prove you are the best parent to have custody. But.....not until you file for custody in court. The father being named on the birth certificate and even establishing paternity (even court established paternity for child support reasons) gives visitation/custody rights to a child. A father must go to court.
Why didn't you get married before making children? Life would have been a whole lot easier!
If the child's father files in court for custody, the new law does not mean the Court will automatically give the unmarried mother custody, even if the child has been living with her. The new law says that the Court must give each parent an equal opportunity to prove that he or she is the better parent to have custody.
When deciding custody, the Court will look at who has taken care of the child by doing most of the feeding and bathing, arranging for medical care and education, preparing the child for sleep, and arranging for babysitters, etc. The court will also look at things like the mental and physical health of the parents, whether either parent has a history of domestic violence, and the child's relationship with other family members.
On January 1, 1998, the law changed in Ohio.
An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon equality when making the designation. (Ohio Revised Code Section 3109.042).
This law is new. The courts might apply the law only to children born after January 1, 1998, but we do not believe that will happen. We believe that the Ohio General Assembly (which passed the law) meant to include all children born to unmarried women, before and after January 1, 1998.
You have an equal opportunity to prove you are the best parent to have custody. But.....not until you file for custody in court. The father being named on the birth certificate and even establishing paternity (even court established paternity for child support reasons) gives visitation/custody rights to a child. A father must go to court.
Why didn't you get married before making children? Life would have been a whole lot easier!
If the child's father files in court for custody, the new law does not mean the Court will automatically give the unmarried mother custody, even if the child has been living with her. The new law says that the Court must give each parent an equal opportunity to prove that he or she is the better parent to have custody.
When deciding custody, the Court will look at who has taken care of the child by doing most of the feeding and bathing, arranging for medical care and education, preparing the child for sleep, and arranging for babysitters, etc. The court will also look at things like the mental and physical health of the parents, whether either parent has a history of domestic violence, and the child's relationship with other family members.
On January 1, 1998, the law changed in Ohio.
An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon equality when making the designation. (Ohio Revised Code Section 3109.042).
This law is new. The courts might apply the law only to children born after January 1, 1998, but we do not believe that will happen. We believe that the Ohio General Assembly (which passed the law) meant to include all children born to unmarried women, before and after January 1, 1998.
samson hejl
Member
Reply To King Sol
OUR CHILD WAS CONCIEVED BY ACCIDENT WE HAD ONLY BEEN DATING A MONTH OR SO. i DIDNT MARRY HER , BECAUSE I KNEW IT WASNT RIGHT, YES IT WOULD OF BEEN EASIER, BUT THEN I WOULD NOW HAVE TO GO THROUGH A DIVORCE AND CUSTODY, INSTEAD OF JUST CUSTODY, ARE THERE ANYTHINGS YOU CCAN TELL ME TO HELP ME PREPAIR? i HAVE ALL THE DOCUMENTATION, I JUST WANT TO KNOW IF THERE IS ANYTHING ELSE I CAN DO I WANT TO BE PREPARED, I DONT WANT TO NOT KNOW ANYTHING, WHEN I STEP INTO THE COURTROOM, THANKS
OUR CHILD WAS CONCIEVED BY ACCIDENT WE HAD ONLY BEEN DATING A MONTH OR SO. i DIDNT MARRY HER , BECAUSE I KNEW IT WASNT RIGHT, YES IT WOULD OF BEEN EASIER, BUT THEN I WOULD NOW HAVE TO GO THROUGH A DIVORCE AND CUSTODY, INSTEAD OF JUST CUSTODY, ARE THERE ANYTHINGS YOU CCAN TELL ME TO HELP ME PREPAIR? i HAVE ALL THE DOCUMENTATION, I JUST WANT TO KNOW IF THERE IS ANYTHING ELSE I CAN DO I WANT TO BE PREPARED, I DONT WANT TO NOT KNOW ANYTHING, WHEN I STEP INTO THE COURTROOM, THANKS
samson hejl
Member
Also I Want To Add
Childs Address Is My Address, In The Last Month She Has Had Him A Total Of 8 Days. So Really He Lives With Me, I Also Have Done 90%of His Feeding, Bathing And, And Putting Him Down To Sleep, I Pay All Expenses, Have Drafted A Rough Copy Of A Shared Parenting Plan Which She Refuses To Look At
Childs Address Is My Address, In The Last Month She Has Had Him A Total Of 8 Days. So Really He Lives With Me, I Also Have Done 90%of His Feeding, Bathing And, And Putting Him Down To Sleep, I Pay All Expenses, Have Drafted A Rough Copy Of A Shared Parenting Plan Which She Refuses To Look At
The only suggestions I have for you, is to be at your best.
Do not bad mouth mom! That is all judges hear. One of the determinations for who should be residential parent, is the parent who is most likely going to encourage a loving and unhampered relationship between child and other parent.
First you should express why you should be chosen as RP. During this time, simply talk about your strengths, do not compare to Mom or even mention her name. Explain that you have been caring for child for.....you have financial means to support child.....you feel it is important to have consistancy......you are willing to ensure child has nurturing relationship with Mom and other relatives............you have provided bathing, feeding, etc.....you have already been acting as primary caregiver...........
Next, without calling Mom neglectful or a bad parent, convey that due to her busy and (fluxuating) non traditional work schedule, you are better suited because Mom can not pick child up sometimes until midnight......you are willing to work with Mom and her work schedule to ensure child can enjoy relationship...........talk about support system you have (grandparents, aunts, uncles)...
If the fight comes up...and it probably will, simply state that you are very sorry for the situation, both of you got out of hand, this incident does not reflect the nature of yours/mom's relationship. You both accept responsibility and you are willing to work as a team with Mom as it is in the best interest of your child and this is your main concern.
Should you not get what you are seeking, continue to spend as much time with child, even should Mom get flaky and "dump" kid off during her time. Document on a calender and be patient.
Do not bad mouth mom! That is all judges hear. One of the determinations for who should be residential parent, is the parent who is most likely going to encourage a loving and unhampered relationship between child and other parent.
First you should express why you should be chosen as RP. During this time, simply talk about your strengths, do not compare to Mom or even mention her name. Explain that you have been caring for child for.....you have financial means to support child.....you feel it is important to have consistancy......you are willing to ensure child has nurturing relationship with Mom and other relatives............you have provided bathing, feeding, etc.....you have already been acting as primary caregiver...........
Next, without calling Mom neglectful or a bad parent, convey that due to her busy and (fluxuating) non traditional work schedule, you are better suited because Mom can not pick child up sometimes until midnight......you are willing to work with Mom and her work schedule to ensure child can enjoy relationship...........talk about support system you have (grandparents, aunts, uncles)...
If the fight comes up...and it probably will, simply state that you are very sorry for the situation, both of you got out of hand, this incident does not reflect the nature of yours/mom's relationship. You both accept responsibility and you are willing to work as a team with Mom as it is in the best interest of your child and this is your main concern.
Should you not get what you are seeking, continue to spend as much time with child, even should Mom get flaky and "dump" kid off during her time. Document on a calender and be patient.
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