Wilmington, OH asked in Family Law, Child Custody and Child Support for Ohio

Q: I have a 3 month old daughter. Her biological father just got a DNA test done. He is a known alcoholic, it's really bad.

Will he be able to take her even with a driving record that's terrible? We were never married either.

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: As the mother and not married, you have sole custody. He next must go to court and establish paternity, and seek parental rights. If he does that, he also would have to start paying child support. Will he be willing to pay that, to get visitation rights? If he goes to court, the court then will determine what parental rights or visitation for him are in your baby's best interest, if any. The court could require supervised visits, and place other restrictions on his visits, especially since the baby is so young. Court is your opportunity to provide evidence about him for the court to consider, both your testimony and testimony of others, his driving record, etc. Use the Find a Lawyer tab to consult a local attorney if the father does go to court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.