If you are a parent and never married your child’s other parent, you might be wondering about laws concerning parental rights for unmarried parents. [We should note here that this article will address only children born from a two-person, heterosexual relationship/unmarried mother and father, and not children born as a result of Assisted Reproductive Technology.] Under Ohio law, parental rights and responsibilities — commonly and wrongly referred to as “custody” rights — are the same for unmarried parents as they are for parents who were married. However, there are a few caveats to this rule. For unmarried parents to be on the same legal footing, paternity must first be established.
Does an Unmarried Man Have Rights to a Child?
If a man was married to the child’s mother at the time of a child’s birth, he is legally presumed to be the biological father. The same is true if the parents are divorced or separated — the law presumes that any child who is born within 300 days of a marriage ending is a child of the marriage. However, if a man was never married to the child’s mother, he must take legal steps in order to claim any parental rights — he can either sign an affidavit of paternity at the hospital when the child is born, or later, or establish paternity through the legal system or the child support agency.
The Child Support Enforcement Agency can conduct genetic testing and issue a finding of paternity or parentage. A court order can be obtained through the Juvenile or Domestic Relations Court for unmarried parents (depending on the County’s structure of divisions) so that the child’s father can have parenting time with his child.
An unmarried man can and should register with the putative father’s registry either before the child’s birth or within 15 days after the child is born. Doing this can help to protect his parental rights. In the event the child is placed for adoption by the biological mother, the biological father would be notified and given the opportunity to pursue his parental rights and responsibilities.
Ohio Laws for Unmarried Mothers and Children
When it comes to laws for unmarried parents, a woman who was never married to the child’s father does not need to take any steps to legally claim parenting rights to the child. Her name and her child’s name on the child’s birth certificate are all she needs to show to prove that she is the child’s biological parent. Until paternity is established, and a court grants a father parental rights and responsibilities, the child’s mother has the sole allocation of parenting rights — and she does not need to file anything in court to exercise her legal rights.
Unless a parenting order has been filed or the Court has issued an order regarding the parenting rights and responsibilities of the mother and the father, an unmarried mother can make all major decisions about the child’s upbringing and day-to-day life without the biological father’s consent, including decisions about education, medical and health care, and religion. She can place a child for adoption without informing the biological father directly and relocate anywhere she wishes without the permission of the father or any court. However, once paternity or parentage is established, a biological father can seek parenting rights. In turn, upon establishing paternity, an unmarried mother has the right to seek child support from the father.
How Do Courts Determine Parenting Rights and Responsibilities for Unmarried Parents?
The laws for unmarried parents and married parents apply the same legal standard in determining parenting rights and responsibilities — the best interests of the child. Because children greatly benefit from having both parents involved in their lives, parents are encouraged to reach an agreement outside of court that allows the child to spend quality time with each parent. If paternity has been established and parents cannot agree on the issues of parenting time and decision-making, a judge or magistrate would look at several factors to determine what is best for the child.
Under Ohio law, the factors a court would use to determine what parenting time and decision-making arrangements would be in the best interests of the child include the following:
- The wishes of the parents
- The wishes of the child
- The child’s relationship with parents, siblings, and others
- The child’s adjustment to home, school, and community
- The physical and mental health of the parents
- Which parent is more likely to honor a court order granting parenting time to the other
- Whether either parent has failed to provide financial support for the child
- Each parent’s ability to encourage a positive relationship with the other parent
- Any history of child abuse or neglect, or domestic violence
- The geographic proximity of the parents
- Any other relevant factors relating to the best interests of the child
Notably, there is no gender discrimination regarding the parenting laws for unmarried parents. Courts have come a long way, and generally are not biased toward the mother or the father when reaching a decision — they favor shared parenting arrangements whenever possible.
Contact an Experienced Ohio Family Law Attorney
Parenting laws for unmarried parents are frequently misunderstood. If you are a parent who has never been married to your child’s other parent, Melissa Graham-Hurd and Associates can advise you regarding your legal rights and help ensure they are protected. We provide reliable and knowledgeable representation to clients for matters involving parental rights and responsibilities and help to ensure the child’s best interests are met, and believe in Straight Talk with Compassion. From our office in Green, we work with clients in Summit and Stark Counties, Ohio. Schedule a consultation today to learn more.
