Minerva, OH asked in Child Custody and Domestic Violence for Ohio

Q: Will police help a mother get a child back from the father if the father is refusing?

We were never married

1 Lawyer Answer
Raquel Ann Parish
Raquel Ann Parish
Answered
  • Divorce Lawyer
  • Delaware, OH
  • Licensed in Ohio

A: Pursuant to Ohio Revised Code 3109.042 An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. Another party would have to file a case for custody in the court, serve the mother the papers and then be granted rights by court order. When parents in Ohio are not married and the Father has not filed in court to establish and allocate his parental rights, a mother can generally contact the police to report that the Father who does not have rights is keeping the minor child against the laws of the State of Ohio. Mothers may have to cite the code to help the police understand the issue and why the Father keeping the minor child is a violation of the law.

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