Legal Question in Family Law in Ohio
My son and his girlfriend recently broke up and they were never married. They have an 8 month old son and she is giving him a really hard time about seeing his son. He wants to get shared parenting so he gets to see him half of the time. One thing is though, he is leaving for the Army between now and April 2013. They both live in the state of Ohio. He would love to have shared parenting and then when he goes to the Army, he would like to be able to see him whenever he gets leave to come home which wouldn't be as much time with his son as he would be able to see him now. The baby's mom is calling all the shots. She only lets him see his son if he does what she wants, when she wants. What are his options? Also, I am the paternal grandmother and she has kept my grandson away from me for the past 4 months. My heart is breaking because I don't get to see him and be part of his life. What are my options to be part of this life as well. PLEASE HELP!!
1 Answer from Attorneys
In Ohio, your son needs to establish paternity, either through your county's juvenile court or through your county's child support enforcement agency. If she will not agree that he is the father, then he can force a dna test of himself and the child (assuming a simple blood type test does not rule him out).
Once paternity and support are established, then your son can petition the juvenile court for a visitation schedule that is in the best interest of the child.
You and your son should be aware that shared parenting does not always mean that each party gets the child 50 percent of the time. More often it means that the child lives with one parent most of the time and the other parent has visitation. But it differs from a simple custody arrangement in that both parties agree that the important decisions in the child's life (who his doctor is, where he will go to school, etc) will be made by both parents jointly, rather than dictated by one to the other.
However, one of the most important factors in a court's decision to grant shared parenting is the ability of the parties to work together. From what you described, it does not sound like these two parents have the ability to work together. Thus you and your son will likely end up with some sort of custody arrangement with visitation.
If the mom gets custody but does not obey the court's orders regarding visitation, then your son can bring a contempt of court motion against the mom and she will have to show cause as to why she has not obeyed the Court's orders. If she can't then the court can fine her or put her in jail, or transfer custody from the mom to your son.