August 12, 2021

If you are unmarried and have a child, you may be wondering about how custody, visitation, and child support are determined. When the parents are married at the time of birth, custody is shared between both parents until determined otherwise, but when the parents are unmarried, things are different and both parents need to understand their rights.

Child Custody Laws in Ohio for Unmarried Parents

Child custody laws in Ohio favor the mother when the parents are unmarried. An unmarried woman who gives birth has full legal custody until determined otherwise by a family court. If the unmarried parents do not seek a formal custody agreement, even if the father is listed on the birth certificate, full custody is given to the mother. Until a father proactively establishes paternity, his rights are almost nothing, although he will still have the obligations of fatherhood, such as paying child support. Even after establishing paternity and paying child support, the unmarried mother will automatically be granted custody until the father begins the legal process to get parental rights. In most cases, a father will need to hire an attorney to gain custodial rights.

How Can a Father Establish a Custody Agreement?

While a married father is presumed to be the father, an unmarried father will need to establish paternity before any custody agreements can be formalized. A father can establish paternity by signing an acknowledgement at the hospital at the birth, filing an acknowledgment with a Child Support Enforcement Agency after the child is born, or filing in juvenile court. By signing the agreement, you agree to take on the duty to support the child. If both parents agree on paternity, this can be straightforward. If not, the CSEA may order a DNA test to determine paternity.

Paying child support does not give an unmarried father visitation rights. To obtain custody or visitation, unmarried parents must file in court. Once paternity has been established, the law does say each parent has a chance to prove they are deserving of custody. The court will look at who has taken care of the child, the mental and physical health of both parents, any histories of abuse or violence, and which parents will better provide for the emotional and physical well-being of the child. Some courts will take into account which parent will allow the other visitation time. It is important that both parents build a relationship with the child as soon as possible, as this will be considered during a custody ruling.

What if the Parents Can’t Agree on Custody?

In the best cases of unmarried parents and custody, the parents will agree on a fair arrangement and have an order signed in family court. If unmarried parents can’t agree on custody, they will leave the decision to the courts. If the court has granted partial custody or visitation to either parent, they have a legal right to see those orders are fulfilled. Once the court has made a decision, one parent cannot withhold visitation, even if child support payments have not been made or the custodial parent does not want to grant visitation. The court, after establishing paternity in the case of unmarried parents, will make the decision they believe is in the best interest of the child. If one parent is not following the custody agreement determined by the court, the other should keep accurate documentation to present to the court.

Knowing your legal rights is important to obtaining, maintaining, and enforcing a custody agreement that is in the best interest of your child. Speaking to a family attorney who understands child custody laws in Ohio is the best way to begin the process for an agreement that works for all involved. If you’re an unmarried parent going through a similar situation and in need of guidance, contact my office today. I’m an experienced family law attorney, and I’ll be happy to answer any questions you have regarding your child custody case.