Miamisburg, OH asked in Family Law for Ohio

Q: Can my ex-boyfriend take me to court and get custody of my son who is not his biologically?

He has been in his life since he was born.

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2 Lawyer Answers
Nicholas P. Weiss
Nicholas P. Weiss
Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: There is an extremely rare but may be applicable set of facts where he could get custody. In most situations, he would have to prove that you are an unfit or incapable parent, or voluntarily abandoned your children, in order to get custody. However, there is a limited exception, usually present in same-sex couples who have adopted, where if you voluntarily entered into a shared parenting agreement with someone, that they can have custodial rights.

The short version is that it is a low likelihood, but possible.

Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: I agree with the prior answer. If unmarried, the child's mother has sole legal custody until the father goes to court and the court grants him parental rights. The judge decides what sort of parenting arrangement is in the best interest of the child based on all the facts provided as evidence to the court. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts of the situation, answer your questions, and reduce your worries.

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