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

Q: Am I able to just leave with my children legally?

I'm 22 i have 2 children with my fiance, 26 whos abusive. I cant go anywhere else in the house or he'd get so upset.

He said i can leave him any time i want but my 2 boys have to stay with him. He doesn't do anything i have to tend to his every need while tending to my childrens also cooking cleaning while watching my boys so he can sit on the game 24.7 hardly changes diapers i have to ask and most of the time he tells me no. He's with them for 2hrs and he's yelling cussing hitting cuffing their mouths when they cry. Doesnt make them food gives them junk instead. Yet thinks they'll be better with him when I leave for good so he wont allow me to take them. He will literally fight me like last time. He signed affidavit for 1 of my boys but paternity has never been established with any of my boys.

I haven't left because im not leaving my children.

When I try to leave he treats it as if I have no right to take my children with me. He said I will be the one with visitation rights.

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2 Lawyer Answers
Matthew Williams
Matthew Williams
  • Cleveland, OH
  • Licensed in Ohio

A: If you were unmarried when the children were born, and paternity has not been established and there is no court order, then you have custody, not him.

Joel Allen Holt agrees with this answer

Joel Allen Holt
Joel Allen Holt
  • Divorce Lawyer
  • Stow, OH
  • Licensed in Ohio

A: He's wrong. Mothers are presumed to be the custodial parents if unmarried at time of birth and if paternity is not established.

You are free to leave with your children. If he is abusive, you may want to consider contacting an attorney, legal aid, or your local domestic relations court to find out about civil protective orders.

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