Full question:
I am unmarried and I live in Ohio. I gave birth to a child. I would like to know if I will be considered as the sole legal custodian of my child?
- Category: Minors
- Subcategory: Custody
- Date:
- State: Ohio
Answer:
In Ohio, an unmarried female who gives birth to a child is considered the sole residential parent and legal custodian of the child until the court issues an order designating another person as the legal custodian or residential parent. When the court designates the residential parent and the legal custodian of a child, the court shall treat the mother and father as standing upon equality when making the designation per ORC Ann. § 3109.042:“(A) An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon equality when making the designation.
(B) Notwithstanding division (A) of this section, an unmarried female who has been convicted of or pleaded guilty to rape or sexual battery and has been declared under section 3109.501 of the Revised Code to be the parent of a child born as a result of rape or sexual battery shall not be a residential parent and legal custodian of that child.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
