Under Ohio law, a mother and father have equal rights and responsibilities after a marriage ends and the couple seeks a divorce.
The courts are not permitted to show any gender bias towards mothers. Since 1991, the sole consideration for the courts in Ohio child custody cases has been the best interests of the child. Judges must decide what will best serve the physical, mental, and emotional well-being of the child and provide the most stable, nurturing environment for the child’s upbringing.
Shared parenting is the preferred option but what are a mother’s rights when this arrangement is not possible or not desirable and disputes arise?
The family lawyers at Nielsen Miller Law in Columbus can help protect mothers’ rights through the legal system in Ohio.
Understanding mothers’ rights in Ohio
Under Ohio law, a mother’s rights to custody differ depending on her marital status at the time of the child’s birth.
A married mother has the same rights as her husband at the time of the child’s birth. The parents enjoy equal rights to custody during their marriage and this remains the case after separation and divorce until a court order states differently.
An unmarried mother, however, has full legal and residential custody of a child from the day that it is born—without filing any documents with the court. The mother is entitled to provide a residence for the child and has the legal right to make decisions about the child’s education, healthcare, religious upbringing, and other important matters.
Fathers of children born out of marriage must prove parentage before they enjoy parental rights. No presumed paternal rights are recognized by a court as they are in a marriage—even if the alleged father pays child support.
How do courts decide custody in Ohio?
Married mothers do not receive preferential treatment when the Ohio courts make decisions on the allocation of parental rights and responsibilities. Decisions are made based on the best interests of the children.
In deciding this, a judge will consider any factors that affect a child’s safety, health, and welfare, including:
- How well the child has adjusted to their home, school, and community.
- The mental and physical health of both parents.
- Parents’ commitment to facilitate and honor parenting time.
- The child’s relationships with each parent as well as siblings and others (grandparents, aunts, and uncles, etc.) who have a significance in the child’s life.
- The child’s wishes or concerns, based on their age and an interview conducted in the court chambers.
- Any history of domestic violence, child abuse, or neglect.
- A parent’s intention to live in or plan to move to another state.
- Failure to make child support payments as ordered by the court.
Shared parenting
In Ohio, the preferred arrangement for raising a child is shared parenting, where both the mother and father play an active role in the support and upbringing of their child. The courts will seek this arrangement unless evidence indicates this is contrary to the child’s best interests.
Sometimes, shared parenting is not possible or desirable—and courts will not hesitate to order an arrangement that is considered preferable for the child.
What if the father has sole custody of the child?
If a father has sole custody of the child, a mother will usually retain visitation rights or the right to “parenting time” as it is known in Ohio. The father will, however, have sole decision-making authority over the child’s education, healthcare, and general welfare.
Child support and financial rights
Normally, the financial responsibilities and legal rights of parents to spend time with their children are treated as separate matters by the Ohio courts.
The non-residential parent must usually pay child support (which is the right of the child) to the residential parent to help cover the costs of raising the child. The Child Support Guidelines in Ohio help with these calculations.
If an unmarried mother wants the father to provide child support or health insurance, court action may be required to prove paternity before a child support order can be issued by a judge.
If child support payments are not made by the father, income withholding by employers can be ordered or the Child Support Enforcement Agency (CSEA) can utilize various methods, such as license suspension, liens, and potential criminal charges.
How can a mother’s rights be protected during custody disputes?
The best way to protect mother’s rights during legal disputes in Ohio is to hire a seasoned family lawyer. Custody disputes are not easy to navigate.
A lawyer can represent you in custody, parenting, and paternity cases, ensuring that your rights as a mother are respected by the courts and considered alongside the best interests of the children.
What if a mother needs protection from domestic violence and abuse?
Sometimes, domestic violence can be a factor in divorce proceedings, as well as child custody and parenting cases in Ohio.
Mothers who face domestic violence in Ohio may be able to obtain a restraining order (emergency protection order) with the help of a lawyer or law enforcement. The threat of domestic violence can also impact custody and parenting decisions made by the courts.
If you’re threatened with domestic violence, do not hesitate to call us at 614-505-5555 for assistance.
FAQs
What rights does an unmarried mother have if the father is not on the birth certificate?
In Ohio, an unmarried mother automatically becomes the sole legal and residential parent of her child if the father’s name is not on the birth certificate until a court order changes that designation.
Can a mother relocate interstate with her child?
In Ohio, an unmarried mother can move interstate with her child if the father’s paternity rights are not established. If the paternity rights are established—or if the mother was married at the time of the child’s birth—permission must be sought from the father (via a notice of relocation) and the relocation must be approved by the court.
Can you modify a custody, visitation or support order?
Support, parenting, and child custody orders may be modified if there is a substantial change in circumstances that makes the original order unfair or contrary to the child’s best interests. A modification may require assistance from a family lawyer; otherwise, it will stay in effect until the child turns 18 or becomes emancipated.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss mothers’ rights in more detail and to learn how our experience and resources can work for you.
