According to Ohio law, an unmarried mother has legal custody of her child when the child is born and until courts deem otherwise. Fathers of these children do not have parental rights until they establish paternity and petition the juvenile court for them. When these unmarried parents separate, it is common for the father to want to continue to be a part of his child’s life and in order to do so, he may have to file for parenting time or custody with the court.
Unmarried men may need to prove they are the father of the child or children prior to asking the court for custody. This may be done through DNA testing if the mother disputes or isn’t sure about who her child’s father is. The court may also establish a child support order to ensure the financial needs of the child are taken care of while the custody case is pending. Either parent can be ordered to pay child support, depending on where the child primarily lives.
When juvenile court judges determine Child Custody in Dayton OH, they consider what is in the best interest of the child. Ideally, parents agree to an arrangement that allows their children to spend time with both parents. However, when that isn’t possible, the court might appoint a guardian ad litum to help determine the best interest of the child by interviewing parents and other people close to the family, talking to the child or children, and examining the financial and living situations of both parents. The guardian ad litum typically makes a recommendation to the court.
Custody cases are rarely handled without a lot of emotion. A father who plans to ask for custody of his child needs an attorney who is experienced in family law and is willing to negotiate or even take the case to trial to fight for what is in the child’s best interest. Juvenile courts recognize that it is important for children to have contact with both of their parents. After Child Custody in Dayton OH is established, the court may also ask the parents to come to an agreement regarding parenting time. A mediator may be assigned to help if they are unable to reach an agreement independently.
