Am I the sole legal custodian of my child as an unmarried mother?

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 woman who gives birth to a child is the sole residential parent and legal custodian until a court orders otherwise. This means you automatically have legal custody of your child. If a court later designates a different person as the residential parent or legal custodian, it will treat both parents equally in making that decision. However, if the mother has been convicted of or pleaded guilty to rape or sexual battery related to the child's conception, she cannot be the legal custodian (ORC Ann. § 3109.042).

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.

FAQs

In Ohio, the mother automatically has legal custody of the child if she is unmarried. The father may need to establish paternity to gain any legal rights or claims regarding the child. Until paternity is established, the mother retains full custody and decision-making authority.