Toledo, OH asked in Juvenile Law for Ohio

Q: Im 17 and have a baby with a 25 year old does he have more rights than me

Im 17 and have a baby with a 25 year old does he have more rights than me? He's saying since im 17 he has more rights since he's over age is this true?

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: No, that is not true, at least regarding the child. If you are not married, he actually has to go to court to get custody. Also, because you are a minor, your parents can cause him some real custody headaches. He does have more rights than you generally. He can vote; you cannot. He can buy alcohol; you cannot. But when it comes to custody, an unmarried mother is in a better position. He has to establish paternity. We assume it's your child for obvious reasons, but a man is only assumed to be the father when married to the mother. If you are married, your custody rights are equal.

Ohio Revised Code 3109.042 Custody rights of unmarried mother.

An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.

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