March 04, 2022
Father's Rights in Ohio: What You Need to Know
by Valeriya Kryvokolinska, Esq., Friedman & Mirman Co., LPA
According to the CDC, as well as various research institutes, the number of children born to unmarried parents is now 40%, an increase of over 50% since 1990. Ohio’s custody laws are very different regarding such children, compared to custody laws for children born in a marriage.
In Ohio, when a child is born to married parents, both parents automatically have parenting rights to the child. When a child is born to unmarried parents, however, a biological father does not have any legal rights to the child until he seeks them through the juvenile court. By law, an unmarried mother is considered to be the sole legal custodian of the child, until the father establishes paternity and until he obtains a court order granting him custody or shared parenting.
It is a common misconception that a father's name being on a birth certificate confers custody rights to him when he is not married to the child’s mother; however, this provides no custody rights whatsoever. Many fathers don’t know this until they have a dispute with the child’s mother, and they are surprised to learn that they need to take legal steps to have any custody rights to their son or daughter.
For fathers who are expecting a child with someone to whom they are not married, they can make plans during the pregnancy term and be ready to take legal action as soon as their child is born. While it is not possible to file a parentage or custody action with the court before the birth of the child, consulting with a lawyer during the pregnancy gives everyone time to come up with a plan that can be implemented as soon as the child is born.
Regardless of whether the parents have a good relationship, this is what an unmarried father must do to protect his rights and ensure a full parenting relationship with his child:
Sign the Acknowledgement of Paternity.
Most hospitals will ask a father to sign an acknowledgment of paternity affidavit. While this does not give the father any custody rights, it is a legal acknowledgement of paternity.
File a Shared Parenting Plan with the Court.
Even when a father trusts the child’s mother, it is important to enter into a shared parenting plan that is filed with the court and made an order. That plan will give both parents legal rights and responsibilities regarding their child. It can take months to get even a temporary parenting schedule through the court if the relationship with the other parent deteriorates, so it is best to do this by agreement if possible (or through the court if necessary).
Financial Support.
Both parents have a legal obligation to support their child financially. If the parents are living together, they may agree to deviate the amount of child support to zero. If they are not, there would likely be a child support order. This order would include the sharing of work-related childcare expenses. There should also be an order for one of the parents to provide health insurance for the child.
It is better, if possible, for unmarried fathers to develop a plan with an attorney to establish parenting rights and responsibilities regarding the child, well before there is a dispute with the mother. But in any event, it is critical that fathers know their legal rights and take the necessary steps to legalize that parental relationship.
In Ohio, when a child is born to married parents, both parents automatically have parenting rights to the child. When a child is born to unmarried parents, however, a biological father does not have any legal rights to the child until he seeks them through the juvenile court.