Legal Question in Family Law in Ohio

I am 7 1/2 months pregnant & my baby's daddy is threatening to try & take the baby from me once he is born. He left me when I was 4 1/2 months pregnant & has caused nothing but stress to me since. In the beginning of my pregnancy, I did drink & smoke. I no longer do either but he continues to accuse me of drinking & putting our sons "life & health at risk." I still sometimes go to a local bar to hang out with my friends but I ONLY drink water. The thing about him is he was addicted to Oxycontin & was in rehab for it a little over a year ago. I don't think he is taking oxy's anymore but I know he has taken other pain killers since rehab. I'm afraid that because him family has a lot of money, they are going to win in court & he is going to custody of our son. Is there anything I can do to prevent this from happening?


Asked on 2/25/12, 8:20 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if you are not married, until he files an action to establish paternity over the child, he will not have any legal rights with regard to the child. While he (or anyone else) could contact children's services about your going to bars and allegedly drinking and smoking, Children's Services would have to conduct an investigation into these allegations and if you are living a life that does not put the child in danger, then I doubt that Chilldren's Services would take further action. But your life needs to be squeaky clean and child focused from now on if you want to make sure that nothing bad happens.

If the father does establish paternity, he will have to start paying child support and will be entitled to visitation if a court finds that is in the child's best interest. His possible addiction to drugs would be a factor that the court will consider in determining what is in the child's best interests.

If any sort of action is brought by the father in court, you would do well to hire an attorney to assist you in this matter. If you cannot afford one, you might want to seek assistance from the local Legal Aid Society, from a local law school's legal clinic, or from your county bar association's list of attorneys who will provide pro bono assistance.

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Answered on 2/27/12, 7:52 am


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