Father's rights in the state of OHIO - Please help?!!

This is a discussion on Father's rights in the state of OHIO - Please help?!! within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Father's rights in the state of Ohio please help!? Allright, here's the situation: My live-in boyfriend broke up with his ...

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Old Sep 24th, 2008, 05:58 PM   #1
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Confused Father's rights in the state of OHIO - Please help?!!

Father's rights in the state of Ohio please help!?
Allright, here's the situation: My live-in boyfriend broke up with his ex. She got pregnant afterwards and he was there for her throughout the pregnancy. Now, she denies him any visitation without her being there which makes it awkward and only for a few hours at a time. Their daughter is 1 1/2 yr. old at this point. He is on the birth certificate and they both signed the affidavit, although there is no paternity test. He does not pay child support b/c her family is rich, and she has never needed it and therefore not bothered.

She says that b/c she is the mother, and he does not pay child support that he has no rights. I thought, that because full custody has not been established for either of them that their rights were the same.

We support ourselves (she lives with her family) and do not have a lot of money for a lawyer, and are scared that the child support would be a ridiculous amount and we would no longer have any money to survive and support our son. She had no job, lives in her family's house, and they pay for everything for her.

She denies letting his family, or him see their grand daughter, neice, etc...and now our son will never have a chance to really know his half-sister.

I should also add that my boyfriend has a felony conviction from when he was 18 yr. old...(he is 31 now with nothing else on his record) and she constantly threatens to use it against him. It is a aggravated robbery and drug trafficking. no domestics at all.

What can we do? Please help! This has gone on for too long, and their are alot of hurt feelings involved. We have no idea where to start, or how to get the ball rolling and are genuinely scared that b/c of our money situation, and her being the mother that he will never have a relationship with his daughter. He is a WONDERFUL Dad, but he just can't bear to deal with his ex any more, and i fear he will soon just...give up.
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Old Sep 24th, 2008, 09:41 PM   #2
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Default re: Father's rights in the state of OHIO - Please help?!!

As the father of a child born out of wedlock in Ohio, he has neither rights to see the child nor responsibilities to support the child until ordered by a Court Of Law.
Note, however, that child support may be awarded retroactively, visitation is not.
So he needs to get down to Court and start asserting his rights.
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Old Sep 25th, 2008, 07:04 AM   #3
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Default re: Father's rights in the state of OHIO - Please help?!!

Nicely put.
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Old Sep 25th, 2008, 03:55 PM   #4
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yes well sadly enough he does not have alot of time, he works 6 days a week (literally) all day long, and we are still barely managing to support ourselves and son. I think money is his biggest concern knowing that she will have the best lawyer that money can buy and we cant even afford to pay for ..well...any lawyer at all! Would we just go down to the courthouse and talk to someone or...im not really sure how this works. Thanks again.
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Old Sep 26th, 2008, 12:47 AM   #5
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No. You cannot just go down to the courthouse and talk to someone. Absolutely no one at the courthouse is going to give you any legal advice. The most they will do is tell you the type of document you need to submit and where to submit it.
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Old Jan 30th, 2009, 06:35 PM   #6
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There is some very helpful information on Family Law, Divorce Lawyers and Custody Attorneys in Columbus Ohio. But it still will not take the place of having a good attorney. If you just can't afford one though, and have to go it alone, it's a good place to start.
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Old Jan 31st, 2009, 12:06 AM   #7
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Default re: Father's rights in the state of OHIO - Please help?!!

Were they legally married at the time the child was born?
Were they ever legally married? Are they currently divorced?
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Old Mar 11th, 2009, 12:03 AM   #8
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I am going through a similiar situation as your boyfriend is in.... the mother of my daughter will not let me see her. I have filed against her and have learned quite a bit about the process here in Ohio. Yes, unfortunately, the mother does have sole custody and all rights to the child from birth. The father has no say whatsoever with his child nor rights to visitation. He is at this point, no better than a person off of the street where legality is concerned (with the exception of paying child support). Yes, I know.. that's aweful, but that is the truth.

Here is what he needs to do:

1) File a complaint to Establish a Parent/Child Relationship with the domestic court in your county. As part of this paperwork, he will need to show that paternity has been established in one of the following ways: Volantary Affidavit (signed by mother and father at the hospital) declaring that he is the legal father of the child or DNA testing. If paternity has not been established, he will need to ask the court to order DNA testing in order to have the paternity part handled. Some will tell you that CSEA will assist in this matter, but even the courts know this is false. Do not fall for that. Let the judge make the order and that will be what it takes to get the ball rolling for paternity to be resolved.

2) ** (If paternity has not been established before filing the complaint, do not bother with this step, as the court will not give parenting time to an father who is not found to be the legal father first. Only use this if paternity was established beforehand. ** When he files this complaint, It might be a good idea to file what is called an Ex Parte motion. This simply means that he will meet with the judge on his own, without the mother present at that time. The motion he should file is for a Temporary Order for Parenting Time with the child. In this motion, you will want to want to say that the mother has been unwilling to negotiate towards sufficient parenting time for the father to bond with his child. If your county has records online, I would suggest that you look through the website as to what this type of motion should look like using the Public Access to records. You can learn quite a bit from looking at what others have done in their cases and the results they got from doing it. Be motivated!

3) In my county, mediation is required after filing, but before you see a magistrate or judge. This is the reason that the Ex Parte Motion earlier mentioned is a good idea (if paternity has been established) , for you might have to wait a few months to get to this stage. In mediation, some cases are decided without going to court. If this happens, there will be an agreed entry in the case and it is over with. If not, it's time to then set the court date.

Believe me when I tell you, waiting does not help his case. I waited a few months or so myself, and it didn't help me a bit. The fact that the child is over 18 months old means that he should be entitled to over night visits during some of the weekends of the month (per standard order of visitation). In addition, he will receive time during the week so that the father and child spend time consistantly and often for attachment and bonding purposes.

You mention that your boyfriend is a felon. Only the judge or magistrate can determine what is to be done with that. Some may feel that he is a risk to the child and deny him totally from the child, while others might concentrate on how the father is living his life today. He needs to file and go for his rights to find that out. Doing nothing will only show that he isn't that interested and would further help prove that the mother is the primary care giver and has made a wise choice to keep the child from someone less than interested in stepping up to the plate and be an active parent.

Good luck to you.
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Old Jul 5th, 2009, 02:00 PM   #9
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Originally Posted by Blondie88 View Post
Father's rights in the state of Ohio please help!?
Allright, here's the situation: My live-in boyfriend broke up with his ex. She got pregnant afterwards and he was there for her throughout the pregnancy. Now, she denies him any visitation without her being there which makes it awkward and only for a few hours at a time. Their daughter is 1 1/2 yr. old at this point. He is on the birth certificate and they both signed the affidavit, although there is no paternity test. He does not pay child support b/c her family is rich, and she has never needed it and therefore not bothered.

She says that b/c she is the mother, and he does not pay child support that he has no rights. I thought, that because full custody has not been established for either of them that their rights were the same.

We support ourselves (she lives with her family) and do not have a lot of money for a lawyer, and are scared that the child support would be a ridiculous amount and we would no longer have any money to survive and support our son. She had no job, lives in her family's house, and they pay for everything for her.

She denies letting his family, or him see their grand daughter, neice, etc...and now our son will never have a chance to really know his half-sister.

I should also add that my boyfriend has a felony conviction from when he was 18 yr. old...(he is 31 now with nothing else on his record) and she constantly threatens to use it against him. It is a aggravated robbery and drug trafficking. no domestics at all.

What can we do? Please help! This has gone on for too long, and their are alot of hurt feelings involved. We have no idea where to start, or how to get the ball rolling and are genuinely scared that b/c of our money situation, and her being the mother that he will never have a relationship with his daughter. He is a WONDERFUL Dad, but he just can't bear to deal with his ex any more, and i fear he will soon just...give up.
My husband and I are in the same situation. Yet she has her own place and he does pay child support. He has been going thru this for the last six years. There are websites online that offer prepaid services for lawyers, like 30 dollars a month and stuff like that. if you want I can give you a lot more information. send me an email at sarah_cwell07@yahoo.com. I can try and help you a little bit. I have been in this **** for almost four years and still needing information but I can give you a good bit.
For one you need to keep everything documented. Calls, when he does and has gotten to see her, all his paper work, what all you guys have tried to do and everything. Research for fathers rights in ohio online you can come across a lot of stuff but you just have to have the time and patience to do so. I dont even have the internet but I manage to find stuff everytime i get a hold of one.
Really I could use someone else to talk to also about it. I dont mind if you email me.
Hope I can help
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Old Jul 5th, 2009, 08:03 PM   #10
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Default re: Father's rights in the state of OHIO - Please help?!!

In the state of ohio, the unmarried mother has sole custody of the said child.
Also, she doesn't NOT have to allow the father to see the child. Which I think is crappy. But the law is what the law is.
And if she does allow you to see the child, you are responsible for transportation to and from seeing that child.
If she allows you to see the child, she can have it set up to be supervised visitation if she wishes.

You can call your local "legal aid" and ask them for a copy of your unmarried mothers rights, and this will tell you all of HER rights which may or may not help you.
I'm not sure if they have an unmarried fathers rights packet like they do with the mothers, but it wouldn't hurt to ask for those as well.
Hopefully things will get under control for you all.
Good Luck.
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