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

Q: If the mother of my child signed over her rights to a relative before I knew I was the father what are my rights?

Paternity has been established

1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
  • Divorce Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: You can petition the court for an allocation of parental rights and responsibilities and, so long as paternity really has been established (via court approved genetic testing, or an affidavit of paternity, not a random genetic test) and unless the current custodian can prove that you are an unfit parent then you should be granted custody. The only concern I would have is that they may be able to argue that you abandoned the child, but if you didn't know you were the father then you may be able to argue against this.

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