Unwed and Out of Luck?

If you are an unwed father, don’t wait until your child’s mother moves 2,000 miles away to initiate parentage proceedings.  

A common misconception is that a father, who was never married to the mother of his child, automatically has parenting time/visitation rights with his child.  There is no such automatic right, not even in cases where the father is ordered to pay child support.  

When the mother and father are not married at the child’s birth, a presumption of paternity may exist.  Ohio Revised Code section 3111.03 provides for a presumption if an acknowledgment of paternity has been signed and filed.  This typically occurs when the father signs the birth certificate.  Once there is a presumption of paternity, the payment of child support can be ordered administratively, meaning the Child Support Enforcement Agency can establish a child support order.  The same does not apply to parenting time.  Many unwed fathers believe that once their wages are subject to garnishment for child support they have the benefit of a standard visitation schedule.  To be afforded a standard visitation schedule, a father must request such a schedule in a court proceeding.  Only then will the father have an enforceable court order, the violation of which amounts to contempt of court by the mother.

All court orders pertaining to the parental rights of unwed parents are decided in the Juvenile Court.  Some courts will require genetic testing before making a “judicial finding” of paternity, even in cases where the father has signed the birth certificate.  That does not mean that a father is prevented from having parenting time until genetic testing results are received and a finding is made.  A court may make an order for temporary parenting time if it is requested by the father.  Revised Code section 3109.043 allows for the court to issue temporary parenting time and custody orders taking into consideration whether the father is named on the child’s birth certificate, whether the child has the father’s last name, or whether there is a clear pattern of a parent and child relationship between the child and the father.  Some factors a court will look at are whether there has been an informal schedule or if the mother, father, and child resided together as a family.

If the issues of parenting and the allocation of parental rights and responsibilities have not been addressed by the Juvenile Court, then there simply is no enforceable visitation schedule.  If there has been no allocation of parental rights and responsibilities, there typically is no residency restriction, which means an unwed mother can move out of state with the child without first consulting the child’s father.

Certainly many unwed parents are capable of working out a visitation schedule, with some parents never needing Court involvement.  Unfortunately some unwed fathers may feel that they get to spend time with their child at the whim of the child’s mother.  Get your foot in the door at Juvenile Court and level the playing field while everyone is in the same area and coordinating schedules and transportation does not involve plane tickets and unaccompanied minor fares.