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who has custody?

I have a 19 year old friend with a 2 month old baby, she has left the 18 year old father(they were not married) Who has has custody? Shw was going to file for child support but he told her that he would do it!? I told her that it doesn't make sense and that she needs to start the legal process in order to ensure that he doesn't take off with the baby(wich he has said he will do)
I'm just not sure what other advise to offer her and was hoping that someone could help! We are in Ohio

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Asked by how_reb at 9:20 AM on Jul. 3, 2009 in General Parenting

Level 18 (5,077 Credits)
Answers (3)
  • I'm not sure about Ohio laws, but since he has threatened to take the child, she should go through the courts to make sure he can't. My DH and his ex have no custody agreement, and they are considered to have joint custody. It has been this way since 2002. His son lives with us and goes to school here and visits his mom frequently. My ex and I have similar circumstances, except it states in our divorce decree that we have 50/50 custody. My boys also live with us and go to school here and visit their dad whenever he wants. We divorced in 2000. I'd like to add that my ex and my DHs ex have good relationships with me and dh. We trust them completely. If she has any question about trust, she should get an attorney. Even without the agreement he shouldn't be able to leave the state without notifying her and her permission. My cousin lost her kids by taking them to FL to get out of an abusive relationship without telling (cont)

    Answer by drowninginboys at 10:18 AM on Jul. 3, 2009

  • her kids dad. I wish her the best of luck! And when in doubt, go through the courts!!! Its better to be safe than sorry!!
    Btw.... we are in PA.

    Answer by drowninginboys at 10:19 AM on Jul. 3, 2009

  • Drowninginboys, why is it ok for the mom to take the child but not for the dad?

    It's irrelevant, however. Since they're not married the mother has the presumption of custody in most states, I believe, especially if the child's living with her.

    That being said, the father of the child has every right to sue for custody. Depending on their situation it's possible that he may retain custody and your friend will owe him child support.

    Answer by Avarah at 11:13 AM on Jul. 3, 2009

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