Photo of Greco Law attorneys in office conference room

What unmarried Ohio parents should know about custody rights

On Behalf of | Jan 15, 2025 | Child Custody |

There are all kinds of unmarried parents – from those who have been in a committed relationship for years to those who barely know each other but share a child. When unmarried parents of a child were never really in a relationship, child custody rights can be complicated – especially for fathers.

Let’s look at what Ohio law requires for parents to get custody rights. As you’ll see, it can be particularly complicated for fathers.

Under Ohio law, a mother who is unmarried only has to prove that she gave birth to a child to have a parental relationship with that child. She then is considered the sole “residential parent and legal custodian” of the child. The only exception would be if a court takes that away – for example, if she’s determined to be unable to care for the child or a danger to them.

How unmarried fathers can establish paternity

An unmarried father can establish his parent-child relationship by:

  • Signing an Acknowledgment of Paternity Affidavit with the mother.
  • Getting an administrative order establishing paternity after proving it via genetic testing
  • Obtaining a court order establishing his paternity through a domestic relations or juvenile court (depending on the county)

Only after paternity has been established can a father seek legal (decision-making) or physical (parenting time) custody rights to their child. They may be ordered to pay child support as well.

Determining if and how custody is shared

If unmarried parents who aren’t together can’t agree on a custody arrangement themselves, a judge will need to do that for them. They’ll consider the same factors as they would for divorcing parents. This centers around what’s in the child’s best interests. 

That means looking at factors like each parent’s financial and housing situation as well as their ability to provide a good environment for the child and give them the necessary time and attention. Of course, if one or both parents has a history of domestic violence or other criminal record, that would be a crucial factor as well. A judge may also appoint a guardian ad litem (GAL) to represent the child’s interests

Certainly, it’s usually best for everyone if a father’s paternity is acknowledged immediately by the mother via the above-referenced affidavit and if the two can work together to develop a parenting plan and custody agreement, with the guidance of their legal representatives.

Whatever the situation, and whether you’re an unmarried mother or father, it’s crucial to protect your rights, but also to focus on what’s best for your child. Having experienced legal guidance will help you do both.