Legal Question in Family Law in Ohio

Is there something I should do in advance for our security?

My 7 1/2 yr. old sons father (we were never married) is soon to be released from prison after serving a 7 year sentence for felonious assault (drug related). The problem is that the father has epilepsy and it cannot be controlled with medication. Upon his release he will be staying with his mother. My question is, should I get some sort of custody papers or something in order before his release? I have been told that since I am the mother that I have automatic custody (Paternity was established upon birth). But I am very adamant that my son not be alone with his father. I do not want him staying alone with him or riding in a vehicle where the father is the driver. I will say that I have held the communication lines open for the father-son relationship and I do have a civil relationship with the father which will go no farther than staying on decent terms for my son. My assumption is that I currently have the power to make the decisions as to whether there will be visitation or not (supervised of course)and basically if he does not want to follow my rules then he can take me to court for visitation rights. I obviously have never received any form of child support. Is my assumption correct? Any advice would be helpful.


Asked on 1/13/03, 2:29 pm

1 Answer from Attorneys
Stephen Daray Sciangula & Daray

Re: Is there something I should do in advance for our security?

ORC 3109.04 means your are the sole legal custodian and dad has no rights to even visit until a court says so. If he petitions the court, ask that such visits be supervised.

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Answered on 1/14/03, 4:19 pm


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