Legal Question in Family Law in Ohio

child custody before divorce

My boyfriend and his wife seperated in March of 2002. They seperated because of an affair she had. They have a 5 year old son together. When they seperated he agreed to allow his son to be with his mother, and took him every other weekend. During the summer he took his son every other week. The son is now back in preschool, and the father now has him only every other weekend. He misses his son a lot, and the son misses him too. The mother allowed him to have him a full week out of the month, and his second weekend.....on the terms he takes him to school everyday. (which he has)

They have been in the process of a dissolusion. My boyfriend is now asking for shared parenting instead of just the one week. She refuses and says they will have to get a divorce now. He is fine with that becasue he wants to fight for joint custody since she won't agree with that. So, now they are in the process of a divorce....she hasn't filed yet, but is going too. He wants to keep his son every other week until the court says differently. Does he have this right?


Asked on 11/19/02, 1:18 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: child custody before divorce

Each parent has equal rights to the care and companionship of the child before the court issues any sort of custody order, so yes, he can see the child as much as he might have him/her in his possession.

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Answered on 11/19/02, 9:40 pm


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