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

Q: Can my baby daddy's family take custody of my unborn child for no reason

I am currently in foster care, and I planned on going back to my home and they wanna take the baby because they said he will not be safe there so if there is no evidence of him not being safe can they take him?

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

A: Pursuant to Ohio Revised Code 3109.42 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. The Father or his family will need to file documents in court and get an order of court prior to taking a child. A mother can request a hearing to explain her side about what is in the best interest of the minor child. Many single mothers live with their parents or other relatives. The court will look at several factors to determine the best interest of the child. Those factors can be found in Ohio Revised Code 3109.04 (F)

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