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  1. #1
    Join Date
    Jun 2006
    Location
    Ohio
    Posts
    2

    Default Ohio Legal Custody Question

    My B/F and I had a child out of wedlock in 1997; he deserted her and I, for almost 2 years, he returned and a paternity test was completed showing him as her dad. We married in 2001, (which terminated the support order I had, and I signed off on back support owed due to marriage) ; we bore another child in 2003. We separated in Spring of 2004, (physically, not legally), the 2 children we have go back and forth between our homes. We are now filing for divorce. I am representing myself (Pro Se), my question to anyone knowledgeable, is this; What are MY rights as our first childs mother (dont I have sole custody?), and do I have to file for separate custody of our 2nd child due to him being an "issue of the marriage". Any and all responses are welcome. OR..if an attorney reads this..Please feel FREE to respond. We reside in Ohio, in separate counties. Thanks in advance for any responses.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ohio Legal Custody Question

    You indicate that he was legally recognized as the father before you married, you since married, you have lived together, and now you have an informal custody arrangement. You should petition for custody of both children.

  3. #3
    Join Date
    Jun 2006
    Location
    Ohio
    Posts
    2

    Default Re: Ohio Legal Custody Question

    Quote Quoting aaron
    You indicate that he was legally recognized as the father before you married, you since married, you have lived together, and now you have an informal custody arrangement. You should petition for custody of both children.
    **Can I petition for Custody for the children BEFORE I file the Complaint for Divorce? Or do I HAVE to include the petition for custody with the Complaint for Divorce? Thanks again.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ohio Legal Custody Question

    You have to have a case open before you can petition for custody. Normally that would be your divorce. You can check with an Ohio lawyer if there is a formal separation process through which you could also file for custody, but if you're planning to divorce that seems like an unnecessary step (and expense).

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