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How should my son go about getting Father's Rights and visitation with his daughter when she born?

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Location: Ohio  |  Law type: Child & family lawyers
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My son and his ex girlfriend are expecting a baby girl in February around the 21st or 22nd of the month in 2022. It was recently brought to our attention that when the baby is born, my son will have no rights to the baby. My son's ex girlfriend and her mother have already been holding the visitation over our heads when they get mad at us. How should we go about getting shared custody and visitation rights for both of them? How soon should we be trying to get this case in the court to be handled properly?

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The response provided below is specific to Child & family lawyers in the jurisdiction of Ohio. If the response is inadequate, please submit a detailed inquiry.

Establishing Father's Rights and Visitation in Ohio

Navigating the intricacies of child custody and visitation rights can be a daunting challenge, especially when emotions are high. In Ohio, just like many other states, if the parents of a child are not married at the time of birth, the mother automatically obtains full legal custody. However, that doesn't mean fathers don't have rights. They do, but these rights need to be legally established.

Relevant Ohio Laws and Resources:

  • Ohio Revised Code Section 3109.042 - Allocation of parental rights and responsibilities for care of children of unmarried parents.
  • Ohio Revised Code Section 3109.051 - Rights of parenting time.
  • Ohio Department of Job and Family Services - Provides resources related to child custody and support issues.
  • Ohio Government Official Website

Solution for Your Son's Concern:

  1. Legal Paternity Establishment: First and foremost, ensure that your son establishes legal paternity. This can be done voluntarily if both parties agree, or via a court-ordered DNA test if there's dispute.
  2. Legal Representation: Consider hiring a family lawyer who specializes in child custody and paternity cases. This lawyer will guide you through the legal process and represent your son's interests.
  3. File a Petition: If your son wants to be involved in his child's life, he should file a petition in court requesting visitation or shared custody rights.
  4. Mediation: If both parties are amenable, consider mediation as a method to come to an agreement about visitation schedules and other important factors.

Average Costs for Legal Services in Ohio:

Service Average Cost in Ohio
Initial Consultation with Family Lawyer $250 - $500
Paternity Test (Court-ordered) $400 - $800
Filing Petition for Visitation/Custody $1000 - $2500
Mediation Services $200/hour
Full Child Custody Battle $5,000 - $35,000+

Note: These costs are average estimations and can vary based on the complexity of the case, the lawyer's experience, and other factors.

Clarifying Information:

While I've provided some general guidance above, understanding the complete situation will aid in offering a more tailored approach. Therefore:

Would you be open to providing more specific details about the circumstances surrounding the situation?

Relevant Questions to Consider:

  • Has paternity been legally established?
  • Are there any existing court orders relating to the child?
  • Has your son considered mediation as a means to settle disputes amicably?

Q1: How does Ohio determine the best interests of the child?

In Ohio, courts consider multiple factors to determine the child's best interest, such as the wishes of the child (if they're old enough), the mental and physical health of parents, and the ability of each parent to support the child's needs.

Q2: Can visitation rights be modified after they're established?

Yes, visitation rights can be modified if there's a significant change in circumstances and it's in the best interest of the child.

Q3: What if the mother refuses to allow the father to see the child, even after rights are established?

If visitation rights have been legally established and the mother refuses, she could be found in contempt of court. In such cases, it's crucial to have legal representation.

Q4: Can a father be granted sole custody of a child in Ohio?

Yes, if it's in the child's best interest. The court examines the circumstances of both parents before making such a decision.

Q5: Are grandparents granted visitation rights in Ohio?

Yes, under certain circumstances. Ohio law allows grandparents to petition for visitation rights, especially if it's in the child's best interest.

Remember, while this information provides a starting point, it's always best to find the right lawyer to discuss the specifics of your situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How should my son go about getting Father's Rights and visitation with his daughter when she born?" has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Ohio & area of law: Child & family lawyers.
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