When a child is born to unmarried parents in Ohio, both parents still have rights and responsibilities under state law. However, those rights differ significantly from cases where the parents are married.
In Columbus and throughout the state, unmarried parents must often take additional steps to establish legal parentage and then determine things like custody and financial support. Learning about how these laws work can help protect your relationship with your child and ensure that your parental rights are recognized.
Establishing Paternity in Ohio
For unmarried parents, establishing paternity is the first and most important step in securing legal rights to a child. Without it, the law automatically grants the mother full custody at birth. As a result, the father’s rights are essentially nonexistent until paternity is formally established.
There are three primary ways to establish paternity in Ohio:
- Acknowledgement of Paternity Affidavit: Both parents sign an official acknowledgment form
- Administrative Order of Paternity: If one parent disputes paternity, the Child Support Enforcement Agency (CSEA) can order genetic testing
- Court Order of Paternity: A judge may order testing and issue a legal ruling once the results are finalized
Once paternity is established, the father’s name is added to the child’s birth certificate. From there, both parents gain certain legal rights and obligations.
Custody and Visitation Rights for Unmarried Parents
After paternity is confirmed, both parents can seek custody (known in Ohio as “parental rights and responsibilities”) and visitation (known as “parenting time”).
Ohio law doesn’t automatically favor one parent over the other. Instead, the court bases its decision on the best interests of the child, which includes factors like:
- The child’s relationship with each parent
- Each parent’s ability to provide a stable home
- The child’s adjustment to their home, school, and community
- Any history of domestic violence
If parents can agree on a parenting plan, the court will usually approve it as long as it serves the child’s best interests. If not, a judge will determine how custody and visitation should be divided.
Child Support Obligations
Establishing paternity also creates financial responsibilities. For example, the noncustodial parent may be required to pay child support based on Ohio’s statutory formula.
The calculation considers factors like:
- Each parent’s income
- The number of children supported
- Health insurance and childcare expenses
- Time spent with each parent
Child support ensures that both parents contribute financially to their child’s upbringing. Failure to pay court-ordered child support can result in severe consequences as well. These can include wage garnishment and potentially jail time in some cases.
Legal Protections for Unmarried Parents
Unmarried parents in Columbus have legal options to protect their parental rights and maintain meaningful relationships with their children.
These may include:
- Filing for custody and shared parenting as outlined above
- Seeking modifications to existing court orders if circumstances change
- Requesting court enforcement if the other parent violates an order
In situations involving domestic violence and other unsafe living conditions, a parent can also seek a protection order to safeguard themselves and the child.
Contact Atkins And Atkins, Attorneys At Law, LLC To Learn More About Your Rights
Navigating Ohio’s family laws as an unmarried parent can be relatively complicated. Working with an experienced Columbus family law attorney can help you understand your rights and create a parenting arrangement that supports your child’s well-being.
If you’re an unmarried parent seeking guidance in Columbus, don’t wait to get legal advice. Schedule a free consultation with Atkins And Atkins, Attorneys At Law, LLC today for more information about how best to move forward.
For more information, contact our experienced Columbus family law & divorce attorneys at Atkins And Atkins, Attorneys At Law, LLC by calling (614) 485-8248 to schedule a consultation.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
