What are A Father’s Parental Rights In Ohio?
In the state of Ohio, there are typically many questions regarding the parental rights of a father. These rights, primarily, depend on the marital status of the parents when the child was born. When a child is born under the covenant of marriage, then the husband is presumed to be the child’s father. Unless this assumption is challenged by a third party, the court will view the husband as the father for all legal purposes. A divorce, dissolution, or separation will not favor one person over another based solely on gender. When deciding the legal custody of a child, it is based upon that child’s best interests. Fathers rights are no longer considered unconventional. The courts recognize that sometimes the father is a better parent than the mother.
The presumption that the husband is the father comes along with marriage, but either parent may challenge this assumption. A family law attorney can help anyone who has questions about their child’s paternity. There are many options on how to challenge paternity. . The mother can agree to the paternity testing, or she can be mandated by the court.
Establishing Paternity Not Married
It is very common to have a child when not married. But in these situations, it is vital to know you’re your rights and responsibilities are. When the mother of the child is unmarried, the state of Ohio considers her to be the sole custodial parent. In this instance, a father will not have any rights to a child until he established paternity. If the mother does not agree with allowing visitation, then the father must get a court order that gives him custody, parenting time, or shared parenting. To establish paternity, the father must either sign a document called an Acknowledgement of Paternity Affidavit, or he can undergo DNA testing.
Obtaining Custody and Parenting Time Rights
Once paternity has been established, it does not mean that the father automatically gets custody or visitation rights. This is also the case of a father who has been ordered to pay child support by the Child Support Enforcement Agency. The father must petition the court to ask for either custody, shared parenting, or visitation. Some parents work together to allow visitation and bonding time. Even if things are smooth sailing, and everyone agrees, it is always advantageous to get something in writing from the court. An official order means that regardless who is mad at whom or what is going on, the child will still get their visitation with their father.
A Father’s Relationship Matters
Those who believe that they have a child born out of wedlock, and want to establish parental rights, should contact an attorney. We at Elizabeth Warren, Esq. LLCare well versed in these legal matters. We can help draft the paperwork to get paternity testing. Once paternity is established, we can also draft the paperwork to get visitation for the father. Thankfully, Ohio recognizes father’s rights more so today than in years past. Some fathers have even been able to take full custody of their children when the situation warranted. Do not let precious time pass by, a father and mother both need to be a part of their child’s life.