Legal Question in Family Law in Ohio

Custody Rights of Unmarried Parents

Two people have a child out of wedlock. They then seperate, the father wishes to establish paternity, and support his child, and have some envolvement in his life. Once paternity is established, will he have the same rights as if they had been married? As long as he cannot be proved unfit, is he entitled to fair visitation? Or perhaps even joint custody? There is a hearing scheduled in June to legally establish his paternity. Thank-You for your help.


Asked on 5/14/98, 3:30 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

rights of adjudicated father

Once paternity is established, the father becomes the "adjudicated" father and has the same rights as a father whose status is established by marriage. That includes the right to custody equall to that of the mother and as against strangers. He also has the same responsibilities to pay support if he is not the custodial parent. The only difference between the status of a father that has been determined in a paternity proceding as opposed to through marriage is that all matters relating to custody, support and visitation goes through Juvenile Court rather than domestic relations court.I hope that answers your question.

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Answered on 6/03/98, 9:25 pm


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