×
Menu
Search

Custody for Unmarried Parents

Home
Practice Areas
Custody for Unmarried Parents

Custody for Unmarried Parents in Cleveland

Becoming a parent is life-changing, but when your child is born outside of marriage, fear and uncertainty can take over. You might worry about losing access to your child or having your role questioned. Kvale Antonelli & Raj provides compassionate guidance to help unmarried parents understand their rights, safeguard their relationship, and create a stable environment for their children.

Who Has Custody When Parents Are Unmarried in Ohio?

In Ohio, an unmarried mother automatically has full legal and physical custody of her child at birth. This is because she is the primary caregiver from the very beginning, providing the immediate care and stability a newborn needs.

Having full custody means the mother has the exclusive right to make decisions about the child’s care, including healthcare, education, and daily routines. It also means she is solely responsible for all the child’s financial needs. This arrangement remains in place until paternity is legally established, either by the father or through the mother taking action, at which point parental rights and responsibilities can be adjusted through the court.

How Can Fathers Gain Parental Rights?

If you’re an unmarried father in Ohio, you don’t automatically have legal rights to your child. Establishing paternity is the foundation for your child’s security and your ability to be an involved, recognized parent.

How to Establish Paternity:

  • Sign a Voluntary Acknowledgment: Both parents can sign a legal form at the hospital or through the Ohio Department of Health.
  • Go through the Court: If paternity is in question, you can file a petition. The court may order DNA testing before legally confirming fatherhood.

Why It Matters:

  • Legal Rights: You can request custody or parenting time.
  • Financial and Health Protections: Your child can access your medical history, Social Security benefits, and inheritance rights.
  • Stronger Bond: Legal recognition strengthens your relationship and gives your child a sense of identity.

How Custody Works Once Paternity Is Established

After paternity is legally established, custody and parenting time must be determined through a formal process. Here’s how it typically works in Ohio:

  1. Filing a Motion: The parent seeking custody or specific parenting time files a motion with the court. This begins the legal process for establishing or adjusting custody.
  2. Creating a Parenting Plan: Parents are encouraged to work together to draft a detailed parenting plan. This plan outlines where the child will live, how time will be shared, how decisions about healthcare and education will be made, and how the parents will communicate about what the child needs.
  3. Court Review: If parents cannot agree, the court will review the proposed plan or make its own determination. Judges focus on the child’s best interests, considering factors such as:
  • Each parent’s ability to provide a stable, safe, and nurturing environment
  • The child’s relationship with each parent
  • Each parent’s willingness to encourage a positive relationship with ther child’s other parent
  • The child’s developmental, emotional, and educational needs
  1. Implementation: Once approved, the parenting plan becomes a legally binding order. It provides a structured schedule and clear responsibilities, giving both parents defined rights and obligations.

How Kvale Antonelli & Raj Supports Unmarried Parents

At Kvale Antonelli & Raj, we believe every child deserves a secure and loving environment with the support of both parents. Our attorneys work closely with unmarried parents to establish paternity, explain custody laws, and create parenting agreements that promote collaboration and communication. We are dedicated to helping you make decisions that protect your parental rights and place your child’s future first. By focusing on healthy co-parenting dynamics, we help families move forward with confidence and peace of mind.

Let us guide you through the legal process so your relationship with your child is protected and your family can thrive. Contact us today to get started.

Collaborative Law Pioneers

Experienced Trial Lawyers

To schedule a consultation with one of our Cleveland family law attorneys,
call 216-861-2222 or complete our online form.

Client Success With

Collaborative Divorce