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mmicale · Nov 4, 2009, 10:40 AM

Me and my girlfriend have a 18month old son. We currently live together and I plan on moving out in may after the school year. As of now she thinks she has all the rights and say on what goes on in his life. Meaning that if I want to take my son to see my family and she says no, than I have no control. As the father, don't I have the same legal rights as her in the state of Ohio until we go to court?

Gernald · Nov 4, 2009, 10:51 AM

Yes, if your name is on the birth certificate he's just as much yours as he is hers. I would suggest talking to her if all you want to do is take him to see your family; it's better for your son if his parents are at least civil.

ScottGem · Nov 4, 2009, 11:55 AM

It depends on whether you are considered the legal father. Since you have not married, you would have to have signed an Acknowledgment of Paternity (Ohio Paternity Forms, Documents and Law - Free Information). Only then could you be added to the birth certificate.

If this has not been done, then she's right and you have no rights. If you are the legal father then you do have equal rights. If you plan on moving out, then you should file with your local Family Court for custody and visitation rights. Of course she will probably counter file for child support.

jstemartin · Nov 4, 2009, 07:45 PM

I live in Ky and had the same problem. If you haven't taken a DNA test to prove it, you both have to sign the acknoledgement of paternity. If you both agree you're the father you can go to Family law lawyer. He will write up the papers, you both sign them and they are recorded at your local courthouse. Until paternity is established you have no rights.

luphkin · Nov 11, 2009, 09:00 PM

In GA, and unwed fathercan sign an aknowledgement of paternity and legetimation, which makes you the legal father, however, it does not give you any custody rights, only the right to be forced to pay support. If you want custody or visitation right, you must petition the courts. I am unfamiliar with the laws of Ohio but this is what I'm dealing with in GA.