Legal Question in Family Law in Ohio

unwed father wants custody

Can a unwed father get custody of his child if the mother is unfit?


Asked on 11/04/08, 1:17 pm

1 Answer from Attorneys

Lisa Pertee The Law Office of Lisa M. Pertee, LLC.

Re: unwed father wants custody

In Ohio, an unwed mother is the residential parent and legal custodian until a court issues an order otherwise. A father may motion the court for custody or visitation rights after paternity has been legally established.

Paternity can be legally extablished by genetic testing, signing the paternity affidavit or by court order.

There are specific statutory requirements that a court must consider when making a determination of parental rights and responsibilities. The court will consider the factors listed in the statute and then make a custody or visitation issue based on the best interests of the child (ren). Depening on the circumstances, a court may find that it would be in the best interest of the chidl to be placed with a father.

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Answered on 11/04/08, 2:57 pm


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