Legal Question in Family Law in Ohio

Unfit Father

My girlfriend had a child in a previous relationship. They have never been to court to set child support or visitation rights, but arrived at an agreement on their own. Since the agreement, the father has received DUI's and lost his license. During his visitation we have discovered he drove her around in his car. Would this qualify as placing the child in a dangerous environment since his drivers license was suspended? If so, would this qualify him as an Unfit Father where visitation rights can be revoked?


Asked on 10/21/02, 12:11 pm

2 Answers from Attorneys
Stephen Daray Sciangula & Daray

Re: Unfit Father

One thing you need to know is that if there is no court order for visitation, then the mother is deemed the sole legal custodian of the child pursuant to O.R.C. 3109.042.

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Answered on 10/21/02, 10:22 pm
Frank Rozanc Frank J. Rozanc, Esq.

Re: Unfit Father

The father has no guaranteed visitation unless and until the juvenile court where the child lives issues a court order. Mom is free to do what she thinks is in the child's best interests until then. She should get his paternity and child support established by the court.

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Answered on 10/21/02, 10:23 pm


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