Legal Question in Family Law in Ohio
Absent Father in Custody Battle
I have, recently, gave birth to a baby girl. And my question relates to a custody matter that I have been told about. The father of my daughter and I had already split up before I found out I was pregnant. When I did we decided even though I was going to have the baby, we were not going to get back together, for the best interest of everyone. However he did say he wanted to be a part and totally involved in our daughters life.
Since then my daughter is now a month old and after her first week home he hasn't seen her since. Also one other detail Imight add is that he never made it in to sign the birth certificate, but he still claims that she's his.
So my question is, Even though the father is not on my daughters birth certificate can he come to me at any given time, even if he's out of the picture for 3 years or longer, and fight me for custody of my daughter. Do we need a legal document stating that I have sole custody to prevent that from happening, or what are my options.
1 Answer from Attorneys
Re: Absent Father in Custody Battle
At this point in time if you don't want child support you don't have to do anything. I assume because you didn't use the word divorce that you weren't married at the time. If that is the case that there is no presumption that he is the father. Either he or you will have to establish that in a proceding to determine parent-child relationship (paternity)
Even assuming he is established as the father through genetic testing or whatever, that doesn't mean he will get custody. First of all, his failure to sign the birth certificate may cause the magistrate who gets to decide these matters to question why he didn't. If he doesn't visit he may even have a problem getting visits (at least unsupervised) never mind custody. But there is the question of support. If he is the father he is legally required to pay support and you may wish to think about that.
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