Legal Question in Family Law in Ohio
Rights of Father: pertaining to his child
My husband's daughter is 2years old from a previous relationship (unmarried). There has never been any type of legal custody agreement made. They have just always agreed to share custody. Both have her about 50% of the time. But now the mother has a new boyfriend and the possibility of moving out of state with the daughter has been brought up. We would like to know what type of rights does the father have to custody if she chooses to move out of state. Neither has ever paid child support (by their choice and mutual agreement). What type of chance does the father have of getting sole custody of his daughter.
2 Answers from Attorneys
Re: Rights of Father: pertaining to his child
Your husband may wish to seek the involvement of the court in defining issues of custody and support, particularly since this was a child born out of marriage, and if he wishes to pursue becoming the residential parent. Having the court's involvement would also help protect everyone's rights, especially the rights and best interests of the child. If your husband would like to discuss this further, I would happy to speak with him. In any case, best of luck.
Re: Rights of Father: pertaining to his child
First of all, since the child was born without the benefit of marriage, paternity has to be established. If paternity is not first established, then technically, you are a stranger to the child. Once paternity is established, you can then argue for custody. You must show that your environment is in the best interest of the child. There is a whole litany of statutory qualifications in order to establish custody. It is my suggestion that you contact counsel to assist you.
Good luck!!!!
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