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  1. #1

    Question Can a Child's Legal Father Take Custody

    My question involves a child custody case from the State of: Ohio. I am a married mother of a child who's father's name is on the birth certificate. I have no idea if this the correct thread for this, but it seems to fit. My problem is that our marriage is failing. We have a lot of issues, and we are not doing well. I am married to man-child. He is younger than me by 9 years. We have one child together. Our child was born in Miami, Fl, but we (our children and I) have lived here in Ohio since 2011, and my husband and I just got back together in July 2013. My fear is that he will take him from me because he is on the birth certificate. I need to know my rights, and I'm afraid that he will try to take him away from me. He is not the kind of person who should have a child, due to him having addictions. I will not say what type, but I don't think that he can take our child away without my consent. I need to know if anyone knows what my rights are and when and IF it will ever come to this. I work and I have my own apartment. I provide EVERYTHING. My husband doesn't work at all nor does he want to get a "real" job. He is thug and his history can prove it and I can get proof to prove it if I wanted to. Anyway, is there a way that he can take our child away from me just because he is on the birth certificate and not get my consent? If so, what are the recommendations for this not to happen?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ohio Law Due to Paternity Rights of Child

    The time to worry about addictions and his fitness as a parent was beforehand, but moving on...

    If you're married, you have equal rights to your mutual child. He doesn't need your consent (initially) to take the child just as you don't need his consent.

    What you need to do, is file in court for divorce, and request temporary custody pending a final determination.

    His work history is irrelevant. If you do become the primary parent though, expect Dad to have frequent unsupervised visitation.

  3. #3
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

    Default Re: Ohio Law Due to Paternity Rights of Child

    He has as much right to his child as you do.

    Just as Dogmatique stated, file for divorce and get custody established.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Ohio Law Due to Paternity Rights of Child

    I work and I have my own apartment.
    With whom does the child live?

  5. #5

    Default Re: Ohio Law Due to Paternity Rights of Child

    The child lives with both of us for now, but my husband is soon leaving and he acts as if he doesn't care for him nor wants him to be a part of his life. So, I might not have much problem. My only concern here is that he has a drug habit and I know for a fact that this is about the only thing he ever thinks about. His reason to leave is due to this mostly because he can't get it and because he has no friends here who can supply him with it. I'm going to speak to an attorney next week to find out what my rights are and what I need to do to keep him from taking off with our son.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ohio Law Due to Paternity Rights of Child

    Once again, you cannot legally stop your husband from taking your mutual child UNLESS something is filed with the court.

    When it does come to custody, you're going to need solid proof that Dad's drug use is actually endangering the child if you want supervised visitation.

    One quick question though: You work, yes? And Dad doesn't work?

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