Can a 16 year old father file for custody of his child in Ohio?

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Old Sep 19th, 2011, 01:36 PM   #1
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Default Can a 16 year old father file for custody of his child in Ohio?

Fathers rights -- Can a 16 year old father file for custody of his child in Ohio? The mother is 16 also. Since they are both minors would the grandmother have to file for custody?
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Old Sep 19th, 2011, 02:16 PM   #2
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Default re: Can a 16 year old father file for custody of his child in Ohio?

It is not likely a court would grant custody to a minor, especially a 16-year old boy. Granted he is the father, but what is his life like? His experience dealing with an infant? Is he still in school? What can be provide for the child? It is not a doll. Can he provide financially for the child? A home? Diapers? All an infant's medical needs? How much time can he spend with the child, nurturing it? What about sleepless nights? Does he have a job? Enough to provide his own place and room for an infant?

WHY would a 16-year old boy file for custody of an infant? The baby is with the mother, where an infant belongs -- and with grandparent there to provide necessities and aid in caring for the baby. What makes him think he is fit to care for an infant, has the time and knowledge to do so? Or would the infant be with HIS mother practically all the time?
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Old Sep 19th, 2011, 02:18 PM   #3
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Default re: Can a 16 year old father file for custody of his child in Ohio?

In this case the age of the Father is not the issue as Mom is same age. All the above mentioned important issues apply to the 16 year old Mom as well.
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Old Sep 19th, 2011, 04:57 PM   #4
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Default Re: Can a 16 year old father file for custody of his child in Ohio?

Biology is different. Parenting and nurturing are different between men and women. Experience with infants may be very different. The law favors keeping infants with their mother, known as the "tender years" doctrine.

In this case the infant is with its mother and grandmother. My reply is still the same. WHY does he want custody and what experience does he have with infants? Or do the paternal grandparents want the child?

Last edited by Friend In Court; Sep 19th, 2011 at 04:59 PM. Reason: typo
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Old Sep 20th, 2011, 01:53 AM   #5
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Default Re: Can a 16 year old father file for custody of his child in Ohio?

Parents irrespective of their age have the right to custody over other non parents. The grandmother can obtain a visitation right. Courts will generally look forward for the best interests of the child.
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Old Sep 20th, 2011, 07:16 AM   #6
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First of all friend in court my son thinks he should be able to file for custody of his daughter because shenlives with him already. We provide everything for her and we pay child support when they dont even have her. They do come to see her on the day they pick up there child support. Yes my son is still in school but what does that have anything to do with it because parents work he is just in school. He spends as much time with her as he can, more than the mother does. And what my son can't provide, My husband and I will. The mother is living from house to house wi friends, her mother is homeless and wants to know if they can stay with us. So I know in most cases the mother should be with the baby but in this case they can't provide a stable environment for her so I think in the best interest of the child he should get legal custody. The mother has not been in school since she was 14 and her mother thinks she should not have to go to school since she is a mother but we have the baby so how is the mother learning to be a mother when we have her. The grandmother has mental issues and she can't even control her daughter. I just want my granddaughter in a stable and loving environment. Should I go get custody or is it better for him. It helps to know all the facts before you make such a comment.


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It is not likely a court would grant custody to a minor, especially a 16-year old boy. Granted he is the father, but what is his life like? His experience dealing with an infant? Is he still in school? What can be provide for the child? It is not a doll. Can he provide financially for the child? A home? Diapers? All an infant's medical needs? How much time can he spend with the child, nurturing it? What about sleepless nights? Does he have a job? Enough to provide his own place and room for an infant?

WHY would a 16-year old boy file for custody of an infant? The baby is with the mother, where an infant belongs -- and with grandparent there to provide necessities and aid in caring for the baby. What makes him think he is fit to care for an infant, has the time and knowledge to do so? Or would the infant be with HIS mother practically all the time?
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Old Sep 20th, 2011, 07:26 AM   #7
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Neither of the children can provide for her financially. The other grandmother is homeless and wants to us. Her daughter is staying with a mother young man and his family who she thought was the father at first. My son was the second boy tested. It happened to be my sons so we take full responsibility of her. They have lived in four different places in 6 months. She lives with us now so all I'm trying to do is legalize what we are already doing. We pay support and we still have her. They provide nothing for her care. I just wanted to know is it better for him to get custody of the child or should I? The mother is 16, not in school (and her mother says she shouldnt have to), her mother can't take care of her let alone the baby. I want to file for custody with visitation and I don't even want support from them. That is the arrangement now anyway, I just want it legalized.


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In this case the age of the Father is not the issue as Mom is same age. All the above mentioned important issues apply to the 16 year old Mom as well.
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Old Sep 20th, 2011, 07:34 AM   #8
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The baby is with me and my son anyway not the mother or her grandmother. Even the great grandmother called me and said she was goingto call department of human services on her daughter and granddaughter and if i didnt takenher she would rather see her with the state. The onlytime they want to see her is when they pick up their child support. Yes my son is 16 and he is taking full responsibility and trying to take care of his daughter. My motherndiedbwhen ibwas one and my father raised me and did a damn good job so it's possible. My husband and I know he can't do it by him self now and we fully support him. The other grandmother hasn't worked since 2007, her daughter is not in school, they live with anyone who will take them in. I don't want that life for my granddaughter.


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Originally Posted by Friend In Court View Post
Biology is different. Parenting and nurturing are different between men and women. Experience with infants may be very different. The law favors keeping infants with their mother, known as the "tender years" doctrine.

In this case the infant is with its mother and grandmother. My reply is still the same. WHY does he want custody and what experience does he have with infants? Or do the paternal grandparents want the child?
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Old Sep 20th, 2011, 08:19 AM   #9
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Default Re: Can a 16 year old father file for custody of his child in Ohio?

Whichever parent can show courts they can provide the best care for child will likely win custody. Yes even your son as stated. The days of Mom automatically winning custody due to her sex are limited now in many states. If what you say is true yes your son could win custody with Mom having liberal visitation rights. If you check your PMs I sent you a resource that might prove helpful.
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Old Sep 20th, 2011, 10:13 AM   #10
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Default Re: Can a 16 year old father file for custody of his child in Ohio?

If there is a fitness issue, the facts you explained, then applying for custody with the primary caregivers is appropriate. Your son, however, cannot file for custody because in the eyes of the law he is a minor, still a child. A guardian ad litem would have to represent him. He is not an adult and has no standing in the court. That is the definitive answer as to whether or not your son may apply for custody.

When one posts a question, it is always helpful to state enough of the facts so one can give an informed opinion.

With the situation you describe, your applying for custody or guardianship would be appropriate. Because (1) you are a relative of the child, (2) primary caregiver with the facts you describe, (3) your son has no standing in the eyes of the law because of his age, despite the fact he sired the child. The courts wants custody and decisions about raising a child to be vested in an adult, not a child. Maturity, experience, judgment and wisdom goes a long way in raising a child.

Legalizing the arrangement you have is a wise idea. Someone has to be responsible for this infant, someone with mature judgment, hopefully experience raising children through all stages of their development which you, as grandparent, obviously have. Having both children, the mother and father living with you, is a potentially a good arrangement. The mother can learn from you what she should be learning from her mother and the son, too, can be with his child as it grows from month to month, year to year. And learn how to be a father.

But as to your 16 year old son applying for custody, considering he is still a minor and cannot file anything in court, a guardian ad litem to represent him, custody should go to a mature, responsible individual who is willing to take on the responsibility and able -- as you have already shown you are.

Does this clarify my thoughts on the matter?
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