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ktb_daddy · Jun 13, 2007, 09:07 AM

OK I have a 7 month old little boy and he is my world, but me and is mother separated in Jan. 2007. Well she is now in a new engagement. I'm going to be moving to FL to try to get on my feet because no matter how hard I try around this area I can't get a job. Down there in FL. I can have a new start to get on my feet. Well I'm being told by my ex. Who talked to a case worker and the case worker said that since me and her weren't married I have no right to my son even if my last name is on his birth certifacet. So anyone has any helpful advise please let me know.:confused:

vlee · Jun 13, 2007, 02:39 PM

A birth certificate does not prove you to be the father... since you were not married you both would had to have signed a form that acknowledged you as the father and it should have been filed at the courthouse. In my state an unmarried woman can not fill in the father's name on a birth certificate unless they both fill out an acknowledgment of paternity form, but there may still be states that allow you to name anyone the dad on the birth certificate. You can prove paternity by getting a DNA test, but you will have to file your petition in the county where the child has lived for the past six months, so you wouldn't be able to take care of this from out of state. By the same token, if mom can't prove you are the father she can't collect child support either. I suggest you contact an attorney, have a court ordered DNA test to prove you are the dad, and work out a custody agreement after paternity is established.

LadyB · Jun 13, 2007, 02:55 PM

Originally Posted by ktb_daddy

ok i have a 7 month old little boy and he is my world, but me and is mother seperated in Jan. 2007. well she is now in a new engagment. i'm going to be moving to FL to try to get on my feet because no matter how hard i try around this area i can't get a job. down there in FL. i can have a new start to get on my feet. well i'm being told by my ex. who talked to a case worker and the case worker said that since me and her weren't married i have no right to my son even if my last name is on his birth certifacet. so anyone has any helpfull advise please let me know.:confused:

You have rights, you just need to assert them. You need to complete whatever your son's state requires for acknowledgment of paternity, possibly get a DNA test, and get a custody, child support, and visitation order in place by filing with the court. Keep in mind that with rights comes responsibility and you will be ordered to pay child support.

ktb_daddy · Jun 13, 2007, 07:36 PM

OK first off thank you. Well to comment back she didn't just fill in that I was the father I had to go through a lot of paper work to even be able to be on the B. C. and I think that one of them were an acknowledgment of paternity form. Second I know and I'm not worried about paying child support because that is a resonsibility that I beieve is very important

nanajo1 · Jun 13, 2007, 07:52 PM

Hon you have all the rights in the world. Just because you were not married it means nothing. That baby has your dna and genetics as well as moms. Mom is being unreasonable, you tell her that her new boy toy can not even adopt your son with out your permission. You can go to the family courts to demand visitation rights if you want. Since she was nice enough to put your name on the birth certificate, she gave you equal rights to the child. Think about what I have said and then discuss this with her, if she does not want to discuss this reasonably request that the family court have a family councilor help you with the dispute resolution so that it remains non stressful on the child and fair on you both

Fr_Chuck · Jun 13, 2007, 08:05 PM

Your ex is lying to you, expect that, if you have an ex and they open their mouth, expect it to be a lie.

First why have your waited since Jan to get an attorney, if you are not on the birth ceritificate you need to file for a DNA test, you will get vistiation rights, maybe even joint custody if you ask for it.
You will have to pay child support.

But you have every right as a father who was married to the mother, except you have to do a DNA test first to prove you are the father if she does not agree you are the father.

LadyB · Jun 13, 2007, 09:25 PM

You acknowledged paternity, she accepted it, you're on the BC, you're the dad legally and have rights. If someone else challenges your paternity, then you may need a DNA test but otherwise no.

You will need to take her to court to get custody, visitation and child support arrangements formalized. I would get a lawyer working on it ASAP.

Best of luck, you sound like a great dad and unfortunately that seems kind of rare in this particular section of the forums.

vlee · Jun 14, 2007, 06:22 AM

If you signed the form acknowledging paternity and so did she, your rights are already secured. It is up to you to assert them. It sounds to me like she is trying to intimidate you by allowing you to think you don't have a leg to stand on, which clearly isn't the case. Time to get a family law attorney and sue for some form of custody/visitation. Don't lose another day with your son by putting this off.

ktb_daddy · Jun 14, 2007, 10:28 AM

OK thank you all for your info. Well I'm still kind of cofussed because didn't the laws change in dec. 06 dealing with parental rights to unwed parents that weren't married? At lest that's what I'm being told and it makes sense. Because of me moving to FL to try to get on my feet to actually be able to put something twords my son. Me and my ex. Have been talking about all of this, but she said she got her info from her case worker. Then I was told about it. That is why I've come on her asking for help. Because after I move down to FL. I'll be leaveing my son with his mother. Through doing that after I get a job, and start sending money then I'll be showing everyone that I deserve to be in his life.

LadyB · Jun 14, 2007, 10:39 AM

didn't the laws change in dec. 06 dealing with parental rights to unwed parents that weren't married

You have reason to believe Ohio changed their laws and that those changes somehow affect you? What changes do you believe were made? I just looked up the Ohio Revised statutes and you are the father as far as I can tell

Ohio Revised Code

3111.01 Parent and child relationship defined.

(A) As used in sections 3111.01 to 3111.85 of the Revised Code, “parent and child relationship” means the legal relationship that exists between a child and the child's natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The “parent and child relationship” includes the mother and child relationship and the father and child relationship.

(B) The parent and child relationship extends equally to all children and all parents, regardless of the marital status of the parents.

The parent and child relationship between a child and the natural father of the child may be established by an acknowledgment of paternity as provided in sections 3111.20 to 3111.35 of the Revised Code, and pursuant to sections 3111.01 to 3111.18 or 3111.38 to 3111.54 of the Revised Code.

3111.25 Acknowledgment of paternity is final and enforceable.

An acknowledgment of paternity is final and enforceable without ratification by a court when the acknowledgment has been filed with the office of child support, the information on the acknowledgment has been entered in the birth registry, and the acknowledgment has not been rescinded and is not subject to possible recission pursuant to section 3111.27 of the Revised Code.

Effective Date: 03-22-2001
3111.26 Effects of final and enforceable acknowledgment.

After an acknowledgment of paternity becomes final and enforceable, the child is the child of the man who signed the acknowledgment of paternity, as though born to him in lawful wedlock. If the mother is unmarried, the man who signed the acknowledgment of paternity may file a complaint requesting the granting of reasonable parenting time with the child under section 3109.12 of the Revised Code and the parents of the man who signed the acknowledgment of paternity, any relative of the man who signed the acknowledgment of paternity, the parents of the mother, and any relative of the mother may file a complaint pursuant to that section requesting the granting of reasonable companionship or visitation rights with the child. Once the acknowledgment becomes final the man who signed the acknowledgment of paternity assumes the parental duty of support.

Effective Date: 03-22-2001

Lawriter - ORC - CHAPTER 3111: PARENTAGE

ktb_daddy · Jun 14, 2007, 04:41 PM

OK after reading this, I've seen this said, " After an acknowledgment of paternity becomes final and enforceable, the child is the child of the man who signed the acknowledgment of paternity, as though born to him in lawful wedlock. " well like I said before we weren't married. So that was what I was trying to find out. Thank you for your help.

ktb_daddy · Jul 12, 2007, 09:24 AM

OK well I was able to find out just a little more, and what I found is just a little off. Since she has main cust. And we weren't married and I haven't had a job since dec. that since I haven't made any child support money that my rights are frozzen until I make my payments. Do I have my info correct?

s_cianci · Jul 15, 2007, 10:07 AM

Technically you don't have any right to your son until you get a court order. That's what you need to do. Get a judge to issue an order of visitation. The fact that you are voluntarily relocating a significant distance away will put a lot of onus on you, resulting in limited visitation and you being responsible for the financial and logistical issues that result from you having visitation with a son who lives in Ohio while you live in Florida.

Soph_E · Jul 15, 2007, 11:49 AM

Originally Posted by ktb_daddy

ok i have a 7 month old little boy and he is my world, but me and is mother seperated in Jan. 2007. well she is now in a new engagment. i'm going to be moving to FL to try to get on my feet because no matter how hard i try around this area i can't get a job. down there in FL. i can have a new start to get on my feet. well i'm being told by my ex. who talked to a case worker and the case worker said that since me and her weren't married i have no right to my son even if my last name is on his birth certifacet. so anyone has any helpfull advise please let me know.:confused:

You'd need a DNA test to prove you're the father and even then you'd probably have to go through family court to agree on a "custody agreement" that is if there's an issue with custody meaning she wants one thing you want another etc. After that the judge would decide what type of custody is in the best interest of the child. Though getting on your feet is a wonderful idea because if you have no way to support a child it can hurt you in a custody dispute.

Soph_E · Jul 15, 2007, 11:50 AM

If you are biologically the father then you do have rights. After that if you are not the father it can become very complicated but hopefully you can work something out.

Soph_E · Jul 15, 2007, 11:53 AM

She does NOT have main custody unless it was granted by a judge. Until a judge declares otherwise you both have rights to the child but if you were supposed to pay child support and didn't-- that implies you have been through court and would have to file for another day in family court to reach custody agreement (visitation etc.) and it would be a necessity to have paid child support/ enrolled in parenting classes/ have a steady job and home by that time.

This is if you HAVE been in court before and were TOLD to pay child support and haven't.
Otherwise, get yourself on your feet and try to reach a custody agreement.

ScottGem · Jul 15, 2007, 12:10 PM

Visitation and support are NOT bound together. If you haven't paid support because you have no income the court will take that into account. You really need a lawyer to protect your rights.

ahriena · Oct 14, 2007, 04:11 PM

Originally Posted by ktb_daddy

ok i have a 7 month old little boy and he is my world, but me and is mother seperated in Jan. 2007. well she is now in a new engagment. i'm going to be moving to FL to try to get on my feet because no matter how hard i try around this area i can't get a job. down there in FL. i can have a new start to get on my feet. well i'm being told by my ex. who talked to a case worker and the case worker said that since me and her weren't married i have no right to my son even if my last name is on his birth certifacet. so anyone has any helpfull advise please let me know.:confused:

My son just went through this we went to court got dna test done to prove he was dad and took her to court to get custody rights for him then went back to get his name changed over.unmarried fathers have rights take to court.he has joint custody pays his child support and got his name changed.you will probably will have to do dna first.we are going to go back to get more rights.but they were never married only live togather we got it.it takes money though but fight it we did.

CSYohman · Jun 1, 2010, 07:44 PM

3109.042 Custody rights of unmarried mother.
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 an equality when making the designation.

Effective Date: 01-01-1998