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New Member
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Oct 10, 2010, 04:28 PM
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If the father is not listed on a birth certificate, does the mother have full custody
If a child's father is not listed on the birth certificate, does that mean the mother has full custody?
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Family Law Expert
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Oct 11, 2010, 01:37 PM
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Yes. By presumption a mother has sole custody...
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Expert
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Oct 11, 2010, 02:16 PM
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Originally Posted by GV70
Yes. By presumption a mother has sole custody...
I don't believe that's at all correct. Normally, the mother is obviously the mother (because there are witnesses to the birth but not normally to the conception). But legally, in the absence of a court order, both parents share custodial rights.
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Expert
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Oct 11, 2010, 02:17 PM
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Or just till the bio father files for joint custody or visits
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Family Law Expert
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Oct 12, 2010, 02:15 AM
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Originally Posted by AK lawyer
But legally, in the absence of a court order, both parents share custodial rights.
But legally, if a father has never established parent-child relationship with a child /presumption,paternity acknowledgment or judicial proceeding/,the mother has sole legal and physical custody.;)
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Internet Research Expert
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Oct 12, 2010, 04:13 AM
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Originally Posted by GV70
But legally, if a father has never established parent-child relationship with a child /presumption,paternity acknowledgment or judicial proceeding/,the mother has sole legal and physical custody.;)
More and more the chain of responsibility is tightening. Now if you want a passport for the child then they will ask about the father. And as for the "other parents" permission. Also its in place to prevent kidnapping. Times are changing and responsible parties are having to come forth one way or another.
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Family Law Expert
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Oct 12, 2010, 11:36 AM
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Originally Posted by califdadof3
More and more the chain of responsibility is tightening. Now if you want a passport for the child then they will ask about the father. And as for the "other parents" permission. Also its in place to prevent kidnapping. Times are changing and responsible parties are having to come forth one way or another.
I can give you lots of examples... Here is one:
ORC 3109.042
An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child...
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Internet Research Expert
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Oct 12, 2010, 12:57 PM
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Originally Posted by GV70
I can give you lots of examples ...Here is one:
ORC 3109.042
An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child ...
Im already aware of it. I was just pointing out some of the changes that are occurring in these times. Not being made legally the father and not being on the birth certificate means exactly that. You want the rights you will have to get them in court because as of now father unknown.
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New Member
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Feb 12, 2012, 10:35 AM
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Question about the ORC 3109.042. I was always under the assumption that Federal (Department of State) trumps state (ORC) when its decision making times. Are we only talking about if there's no father on the birth certificate or are you also talking about a father on the birth certificate but not married to the mother, because when doing a passport, they have their own rules about if a father is listed whether married or not.
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