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    Scotti's Avatar
    Scotti Posts: 2, Reputation: 1
    New Member
     
    #1

    Oct 24, 2008, 07:10 AM
    Unmarried Father Custody Rights
    Hello,

    I have a 5 year old little girl from a relationship in which her mother and I were never married although we lived together for a few years. We have been separated for 2 years and I have since remarried. Up until recently my little girls mother and I have been following a visitation schedule that she has with her ex husband and the father of her 2 sons. Her and I have never had an established Visitation Schedule but that's about to change because I have taken the proper steps to get the ball rolling because Im tired of her using my daughter as a pawn and not letting me see her when she gets angry at something. Im also taking the steps to go for full custody of my little girl. In Ohio what are the chances of a man gaining full custody although the mother and I have never been married? The ironic thing is that her ex husband is going for full custody also and we have the same Lawyer and she isn't aware of this yet. Ive also been told... by my attorney.. that in the state of Ohio that because the mother and I have never been married... my name is listed on the Birth Certificate as the father and I have been paying Child Support faithfully which was levied by the courts.. that I have no legal rights with my Daughter at this point in time. The mother has changed her phone number and has not allowed me any contact with my daughter. I can assure you that this has nothing to do with any wrong doing on my part. Its just that she gets angry at things she can't control and she keeps my little girl away from me. Please help.
    helpstep's Avatar
    helpstep Posts: 37, Reputation: 2
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    #2

    Oct 24, 2008, 01:06 PM
    Wow! This is the same thing my hubby is going through with his daughter. I can't believe the similarities. I feel for you and your family. You are doing the right thing by starting a court case. Women like this will make agreements with you, but change everything because of a lifestyle change or their mood.

    Ask your lawyer about the law in your state. Since you were never married you may need to be legitamized as the father or maybe not. Its not right how some states only consider a man the biological father if he was never married to the mother. You can be on the BC and pay your child support but they won't recognize your parental rights.

    Stay strong and fight for you daughter. It's going to be a long road for you, but just keep you head up high.
    liz28's Avatar
    liz28 Posts: 4,662, Reputation: 1034
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    #3

    Oct 24, 2008, 05:09 PM

    What does your lawyer means when he saids you have no legal right to your daughter? If you're current with your child support then it's time to get a visitation order from your courts, if one isn't in order already. Get full custody will be hard but you should be seeing your daughter and not only when the mother want you too. The court can also set up a time of day for you to speak with your daughter and the mother have to follow this order.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Oct 24, 2008, 05:13 PM
    I am concerned that you and her ex husband have the same lawyer, this may be considered a conflict of interest.
    Scotti's Avatar
    Scotti Posts: 2, Reputation: 1
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    #5

    Oct 27, 2008, 09:13 AM

    That's what the Lawyer said. Being that little girls mother and I were never married.. in the state of Ohio... I have no legal rights to my daughter at this point. As far as the conflict of interest... if the my Lawyer thought this was true he would have never took my case. I am signing the proper documents to get the visitation schedule established this Wedneday.

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