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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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how_reb

Asked by how_reb at 9:21 AM on Jul. 3, 2009 in Relationships

Level 18 (5,077 Credits)
Answers (9)
  • if she has the baby, she needs to go to court immediatly and under no circumstances should she let the baby go visit dad until jdge says who has legal custody. Does she have a lawyer? if she can tell her to get one. Also she should call her local or county human family services to get the info on the stuff in your particular state.
    Bearsjen

    Answer by Bearsjen at 9:24 AM on Jul. 3, 2009

  • He could try and fight for custody and then get support from her. Especially if he's on the birth certificate. All he has to do is prove he's the better parent. She should make sure she has a good enviornment for the baby, is working, has a reliable sitter for when she's working and all of those kinds of things. Then in most cases they would side with her, especially as the baby is so young. They would obviously make them work out visitation regardless, or maybe even joint custody. My friend went through this with a guy. His parents were the ones who were forcing him to sue for custody, however, the courts determined that they needed a DNA test first to prove he was the father (he's not on the certificate) and he actually wasn't the little girl's father and they dropped the case. She was here in Ohio too.
    Anonymous

    Answer by Anonymous at 9:53 AM on Jul. 3, 2009

  • My dd is unmarried & said that when she filed for child support is when they gave her full custody. So she needs to do that immediately.
    admckenzie

    Answer by admckenzie at 9:59 AM on Jul. 3, 2009

  • In Ohio, whoever has physical custody of the child can get legal custody. For instance...if the father has the baby at his house he can go to the courthouse and get legal (temporary) custody. She should do this as soon as she has the baby with her. Is the father's name on the birth certificate? If so then he will be responsible for paying child support.
    momtoeight

    Answer by momtoeight at 10:48 AM on Jul. 3, 2009

  • She should do what is best for the child and share custody with the father. Then work our child support. My ex and I share custody of our 4 children. Never entered into our minds to try to screw each other over. Our kids need both of us and just because we could not make it work did not mean our kids should only see daddy 4 days a month. We live two blocks from each other and the kids pretty much come and go between our houses. When they were little I would have them three days then he would on a rotating schedule. My kids are glad we get along and they don't have to chose between us. You two could not make it work you do need to make sure your child has as much access to daddy as to mommy. You owe it to your kid. Kids are not moms property and kids deserve to spend time with daddy.
    Anonymous

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

  • If she has the baby , most judges will not take a baby from the mother unless she is unfit. If he does not even have the baby , he will not be able file for child support. Also I would not allow him to see or have the baby until she get the support and custody issue resolved. For the fact that he has threatened to take the baby. I would believe him.
    my2kids312

    Answer by my2kids312 at 11:37 AM on Jul. 3, 2009

  • Actually I have been through this and all your friend needs to do is not allow the father to see this child until they have been to court. All biological mothers automatically have legal custody of the child from birth and the fathers are not legal fathers until a judge agrees even if they signed the certificate. UNLESS THEY ARE MARRIED. that is different. Trust me my daughters father pulled this stuff and when I called the police to have her returned they told my ex that he has no legal rights to the child no matter what he has signed that a judge must order it. So your friend will get in no trouble for keeping the child from him. And yes get to court before he takes the child to another state.
    Anonymous

    Answer by Anonymous at 12:28 PM on Jul. 3, 2009

  • I'm not sure about OH state laws but in IN the mother has full rights when not married. And if he won't give her parental time she needs to go to the prosecutors office and file not only for child support but also for Emergency visitation!
    luvbnmomnwife

    Answer by luvbnmomnwife at 2:52 PM on Jul. 3, 2009

  • To the anon that says let the dad see the baby...he's a 18 year old POS, he's abusive to the mom(beat her more than 10x) and has NEVER had anything to do with the baby even when he and the mother were together(not feeding, changing diapers, baths, not even holding her...nothing at all). Not all parents should be parents ya know?

    how_reb

    Answer by how_reb at 9:34 AM on Jul. 8, 2009

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