Custody Rights Unmarried Mother

Under Ohio law, an unmarried female who gives birth to a child is automatically the sole residential parent and legal custodian of the child, unless or until a Court of competent jurisdiction issues an Order designating another person as the residential parent and legal custodian.  This means that until a Court legally “recognizes” the unmarried father as the child’s father, the father has no legally enforceable rights to Parenting Time (Visitation).  However, once Parentage is properly determined, a Court designating the residential parent and legal custodian of a child, is required to treat the mother and father as standing upon equal ground when adressing the issue of what is in the child’s “Best Interest’s”. (See Child Custody Section of Website for additional information on Custody and “Best Interest’s” factors).

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