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Rights for unwed fathers
Anonymous3 views2 answers
My son has a child with a woman that was with some one else when the child was born. She (mother) said that the childs father was the man she was living with at the time. In the end my son had a DNA and was told that he was the biological father of the child. We are asking the mother to let us have the child every other week in the summer and every other week-end in the weather because the child is in school. Mother has a new boyfriend and it depends on what he says if we get the child. She will not even talk to my son. Childrens services have been called on the family 3 or 4 times. Does my son have a right to try to get custody of the child? How do we go about doing this were do we start? If the mother would go and get temp. custody could she keep my son from seeing his child
Sorry no crime appears to have been committed here. If your son was 16 than he's legally able to consent to sex with a 26 year old unless that person was a teacher, coach, or some authority figure. If he was a day under sixteen and had sex with her it's a felony. See Ohio Revised Code 2907.04.
As for custody, your son absolutely has a right to get custody. He should get an attorney and file a motion for reallocation of parental rights and responsibilities. The court will decide what the best interests of the child are. Chances are you son and the mother might be put in mediation by the court. In mediation, your son can negotiate for reasonable visitation or custody depending on what he decides he wants. The court will likely grant him some visitation. The benefit to a court order is that this woman or her boyfriend will not be able to decide when you son can see his child. If they try to stop him they can be held in contempt.
In Ohio, when a child is born to parents who are not married, the mother is the residential parent and legal and sole custodian of the child. The father would need to go to court to establish any parental rights, such as visitation or shared parenting. The parents could set these court orders by agreement. Bottom line is that you need to hire an attorney to protect your rights. Please visit www.CIncyFamilyLaw.com for more information.
PLEASE NOTE: THIS IS NOT LEGAL ADVICE. This web site should not be used as a substitute for competent legal advice and is provided for educational purposes. Many facts and factors would need to be addressed before a legal opinion should be relied upon and the answer given is general in nature. There is no attorney client privilege between you and the attorney responding.
