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  1. #1
    Join Date
    Jul 2009

    Default Father's Rights After Having Child During Mother's Pending Divorce

    My question involves a child custody case from the State of: Ohio
    The mother of my child moved from Florida to Dayton. Although she was still married (in the divorce process) we dated, "fell in love" ,and a child was born in May. When she was 8mo pregnant, she went to FL to visit her adoptive family. She ended up giving birth there in Orlando. I drove from Ohio because I wasnt going to miss it! I came home to Ohio and she remained in FL until she and the baby were healthy enough for travel. She then flew to Ohio and spent 2 weeks here and returned to FL again. She is still married, and the soon to be ex's insurance was used to pay for all the hospital charges. As far as I know, there is still no name on the birth certificate. The baby is clearly mine, she looks exactly like me. Now the mother doesnt want to come back to Ohio and she has made statements like...."I shouldn't be a mom" or "I'm just going to send the baby to you" This scares me terribly and although i would love to have them both here.....the baby's well being is top priority. Im just lost....need some help. Please dont respond with just "contact a lawyer" i know this i was hoping for a little more details....thx!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Father's Rights After Having Child During Mother's Pending Divorce

    You're stating that mom moved back to Florida before the child was born, and has chosen to remain domiciled in Florida?

    If you want custody and she's willing to give you custody, and her husband is making no claim of paternity or attempt to gain custody, take the appropriate steps to formalize your paternity and take custody. If there's no father on the birth certificate, you and the mother can probably do that by filing an appropriate affidavit, although with her marriage her husband may also need to file a disclaimer of paternity. I'm not going to look for the details unless and until you tell us with certainty whether or not you, the husband, or nobody is named on the birth certificate as the child's father.

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