Legal Question in Family Law in Ohio

what are the rights of an absent parent of five years.

my husband and i have been separated for five years and we live separate lives.. i have 2 childeren one of which is his. and there is no paperwork (legal) that says when he can see our child. and i am afraid he will take her. so i want to know what rights he has. he has threatened to take her before. thank you


Asked on 6/22/00, 4:45 pm

2 Answers from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: what are the rights of an absent parent of five years.

Spouses have equal rights to the children. Therefore, under the law, your husband is entitled to take the children just like you are. The remedy is to file for divorce and have both of your rights delineated.

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Answered on 9/11/00, 3:30 pm
Jonathan Schiff Self employed

Re: what are the rights of an absent parent

Your situation is nebulous. I assume you are still married. I am also assuming that he has not actually visited in the past five years. In that case, although each of you has equal rights to the child, I suspect if you filed for divorce, the court would most likely give you custody and him supervised visitation, at least at first, if he wanted it.

But these situations are highly individualistic and I would need more information.

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Answered on 9/05/00, 9:24 pm


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