Ohio Child Custody Law: Unmarried Parents
When unmarried parents in Ohio separate or decide to raise their child without being married, child custody becomes one of the most significant concerns. Whether parents agree on custody or face disagreements, understanding Ohio's child custody laws is critical to protecting the best interests of the child.
These laws guide how decisions about the child’s upbringing, including where the child will live and how parents will share parenting time, are made. At Heckert & Moreland Co. LPA in Columbus, Ohio, we’re here to guide you through child custody law cases and how unmarried parents can face this situation.
What Is Child Custody in Ohio?
Child custody refers to the rights and responsibilities of parents regarding the care and decision-making for their children. In Ohio, custody laws apply to both married and unmarried parents, though the specifics can vary depending on the parental relationship.
Unmarried parents in Ohio must follow particular steps to establish legal rights to their child. These steps include establishing paternity, filing custody petitions, and possibly going through mediation or court hearings if the parents don’t reach an agreement.
Establishing Paternity in Ohio
Before child custody can be determined for unmarried parents, Ohio law requires that paternity be legally established. If the father isn’t listed on the child’s birth certificate, paternity must be confirmed either voluntarily or through a court order. In Ohio, paternity can be established in several ways:
Acknowledgment of paternity: The father can sign an Acknowledgment of Paternity form at the hospital when the child is born, which gives him legal recognition as the father.
Court order: If there’s a dispute about paternity, either parent can petition the court to establish paternity through a DNA test.
Once paternity is established, both parents have legal rights and responsibilities concerning the child. This includes the ability to seek child custody or parenting time through the Ohio family court system.
Types of Custody in Ohio
Ohio law recognizes two primary types of child custody: legal custody and physical custody. Legal custody refers to the right to make important decisions regarding the child’s welfare, including choices about education, healthcare, and religious upbringing.
Physical custody refers to where the child will live. In most cases, both types of custody can be shared between parents, but there are situations where one parent may receive sole custody, depending on the circumstances.
Sole custody: One parent has both legal and physical custody. The other parent may be given visitation rights but doesn’t have decision-making power regarding the child’s life.
Shared custody: Both parents have significant involvement in the child's life, and decisions are made jointly. The child may split their time between both parents’ homes, though this can vary based on the child’s age, needs, and the parents’ circumstances.
Ohio courts prioritize the child’s best interests when deciding custody, whether the parents are married or unmarried. This decision can be influenced by various factors, such as the parents' ability to cooperate, the child’s relationship with each parent, and the child’s overall well-being.
Factors Considered in Ohio Child Custody Decisions
Ohio courts consider a variety of factors when determining what custody arrangement is in the best interest of the child. Some of the most important factors include:
The child’s age: Young children may need to maintain close contact with their primary caregiver, while older children may have their preferences considered.
Each parent's ability to care for the child: The court will assess whether both parents can provide a safe and stable environment for the child.
The child's relationship with each parent: Courts will look at the strength of the child’s bond with each parent and whether one parent is more involved in the child’s life than the other.
The parents' mental and physical health: Courts take into account whether either parent has health concerns that could affect their ability to care for the child.
Each parent's work schedule: The availability of each parent to spend time with the child can be a significant factor in custody decisions.
The child’s relationship with siblings or other family members: Courts may consider the child’s attachment to siblings or other relatives, especially if it affects their emotional well-being.
The goal is always to create a child custody arrangement that promotes the child’s stability and security, offering a consistent routine and emotional support.
Parenting Time and Visitation
In Ohio, the parent who doesn’t have primary physical custody of the child is often granted parenting time or visitation rights. Parenting time arrangements are tailored to the specific circumstances of the child and the parents involved.
When determining a visitation schedule, courts aim to allow the child to spend time with both parents, assuming it’s in the child's best interests.
Here are a few types of parenting time arrangements:
Standard parenting time: A typical arrangement where the child spends time with the non-custodial parent on weekends, holidays, and during vacations.
Shared parenting: A more balanced arrangement where the child spends a significant amount of time with each parent, often splitting the year between both homes.
Supervised visitation: In cases where one parent poses a potential risk to the child, the court may order supervised visitation, where a third party oversees the interaction between the parent and child.
If parents can work together and agree on a visitation schedule, the court will likely accept their plan. If an agreement can’t be made, the court will step in and create a parenting time schedule based on what is deemed best for the child.
Modifications to Custody and Parenting Time
Ohio law allows for the modification of child custody and parenting time arrangements if there’s a significant change in circumstances. This could include factors like:
A parent moving to a new location, especially if the move impacts the child’s relationship with the other parent.
A change in the child’s needs, such as medical or educational requirements.
One parent failing to follow the custody agreement.
To modify an existing custody order, a parent must petition the court and provide evidence that the change is necessary. It’s essential to understand that modifications aren’t granted automatically, and the court will assess whether the change serves the child’s best interests.
Parental Rights for Unmarried Fathers
Unmarried fathers in Ohio have the same rights and responsibilities as married fathers once paternity is established. However, until paternity is legally confirmed, an unmarried father doesn’t have the same legal standing as the mother in making decisions about the child.
For example, an unmarried father can’t unilaterally decide where the child will live or how they’ll be raised unless he has established paternity and obtained legal custody. To assert his rights to child custody or visitation, an unmarried father must first make sure that paternity is legally established.
After this, he may seek a court order for shared or sole custody, depending on the circumstances. The process can be a bit more involved for unmarried fathers, but once their rights are recognized, they’re entitled to a say in matters related to the child's upbringing.
Reach Out to Us Today
For unmarried parents, understanding the process and knowing what to expect can help guide decisions that lead to the best possible outcome for their child. Our firm provides experienced legal counsel to clients in Columbus, Ohio, and the surrounding areas across the state.
Reach out to our dependable attorneys at Heckert & Moreland Co. LPA today.