An Outline for Unwed Fathers in the State of Ohio

This blog is devoted to what steps must be taken by unwed fathers in Ohio so that they can officially and legally be determined as the father of their child(ren), and also receive orders regarding parenting time or custody.

The situations:

We receive many calls from fathers who have a child and are unmarried.  Many of these calls involve situations where the fathers have had cooperative relationships with the mother. However, even in those situations, for various reasons, that “cooperative” relationship may have ended or be ending and the father is faced with no parenting time. Even if a relationship between the parents is “still cooperative” that could end at any moment and force the need for orders.

Unfortunately, many fathers do not realize that, even though they have been involved in the child’s life, they actually have NO legal rights!

The law:  If the mother is unmarried, at the time of the child’s birth, she automatically has legal custody of the child.  All custody and parenting time issues must be addressed by the courts.

The bottom line: Until there is a court order, the father has no legal rights!

What you should do to prevent your child from being adopted out at birth:

If you believe that you have impregnated someone to whom you are not married and you want to prevent the child from being adopted at birth, you should register with the Ohio Putative Father Registry. A “putative” father has been defined as a male who may be a child’s father.  The Ohio Putative Father Registry will provide a place where a potential father can register if he believes he may have fathered a child and wants to be notified if the child is placed for adoption. 

NOTE: You have to register at least 15 days before the child’s birth (or 15 days after the birth of the child) or the child could be legally adopted without your knowledge or consent. You can register your name for each child you may be the father of  and this does also include unborn children.

Register within the time limit set forth above, if you may be the father. Any potential father can register whether he is over or even under the age of 18.  For online registration, go to the following: https://pfrpub.odjfs.state.oh.us/pfrweb/home.aspx. For registration through the mail, get the proper form and mail it to:

              The Ohio Putative Father Registry

              Ohio Department of Job and Family Services

              P.O. Box 183204

              Columbus OH 43218-3204

To reach the Registry call 888.313.3100. If you move or your phone number changes, you must update your contact information.

Aside from protecting your child from adoption, there are other issues regarding “paternity” or your legal status.

What if a child has been born, and you are on the birth certificate as the father?  Isn’t that enough?

Many men believe that signing the birth certificate when the child is born is sufficient to establish legal rights as the father, etc.  This is NOT true.

The definition of paternity: Paternity is, “the legal determination of the natural father of a child.”  Note the word “legal.”  If the parents are not married to each other, at the time of the birth of the child, the child does not have a legal father. The parents need to establish paternity.  

Paternity can be established in the following ways:

1. Voluntary acknowledgment (form JFS 07038) “Acknowledgment of Paternity Affidavit.”  You can fill out this form at the hospital when the birth has occurred. Also, you can do it later (with both parents signing) through your health department in your area or at your local child support enforcement agency. Both parents have to sign, no matter where the affidavit is done. In signing, they represent and agree that they are the biological parents of the child and choose to be named as the legal parents of the child. If both parents do not sign, the child has no legal father yet.  However, the father’s legal relationship to the child (paternity) can still be determined later.

2. Genetic testing. The mother, potential father or even the child’s guardian may request genetic testing, and that will be done so long as there is not already a final determination of paternity, there is still uncertainty as to the parentage of the child, or if paternity is contested. The CSEA will order parties to cooperate with genetic testing and will issue orders based on the results of any genetic test. Test results indicate that it is at least 99% probable that the person tested is the father. If the tested person is proven to be the father, the CSEA will request an updated birth certificate for the child.

Once you have established paternity, you may then petition the court for your parental rights to gain parenting time or custody, and to get court orders regarding other important issues such as support and the right to claim the child as a dependent, etc. for tax purposes.

Benefits from paternity establishment:

Paternity establishment will identify the father as the child’s father (legally) and thus form the basis for the father to obtain “rights as a father,” ranging from having full custody of the child to shared parenting or court ordered parenting time with the child. Establishment of paternity is also necessary, from a tax return basis, to permit the father to claim the child as a dependent and to have the ability to exercise tax exemptions in relation to the child (so long as court order and the Internal Revenue Code permit that exercise). 

Summary:

If you are the potential father of a child and want a relationship with that child you should:

Register with the Paternity Registry if the child is not yet born or was born in the last 15 days.

Establish paternity either through an agreed affidavit of paternity or genetic testing.

Get court orders regarding your paternity, and your rights and obligations in relation to the child, including but not limited to custody, support, health insurance provision, sharing of uncovered health care bills of the child, and the ability to utilize dependency exemptions.