Mentor, OH asked in Family Law and Child Custody for Ohio

Q: Unmarried mother, child's father on birth certificate. We moved to Ohio from Florida. Are his legal rights established?

There's been no court orders or court rulings what so ever.

Related Topics:
1 Lawyer Answer
R. Scott Patterson
R. Scott Patterson
  • Divorce Lawyer
  • Zanesville, OH
  • Licensed in Ohio

A: By "we" do you mean you and the child, or all three of you. Assuming the child was born in FL, did he or the both of you do the things necessary under Florida law to establish a legal father-child relationship. If the answer to that question is yes, then the father can petition a court for anything from custody to visitation. The proper court would be one in the state in which the child has lived for the last six months, whether that would be FL or OH. SO, if the child had lived in FL for the last year and you and the child just recently moved to OH, the proper court would be in FL. On the other hand, if the child has been residing in OH for more than six months, an OH court would be proper. If all three of you moved to OH, then an OH court would likely be willing to assume jurisdiction over any petition he might make for definitive rights as the child's father.

As it stands now, assuming the legal father-child relationship has been established already, the only established rights the father has would be the right to go to court to establish custody, shared parenting, or visitation.

1 user found this answer helpful

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.