Q: My boyfriend wants to move to Virginia from Ohio but I do not. If I refuse, can he take our son with him?
We are not married. We have not filed anything in court. He is on the birth certificate. I am unemployed. He works, I care for our son. If we go to court, how likely would it be for him to gain custody of our son and move to Virginia with him?
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. This means that an unmarried has all parental rights. She can also file for Child Support.
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