When a non-married couple chooses to go their separate ways, the issue of what will happen to their biological children comes into play. Each state has its own laws regarding whether one parent is given automatic legal custody or the responsibility is shared. To prepare your case with a child custody lawyer in Ohio, here’s what you need to know first.

How Custody Is Determined

When an unmarried couple has a child in Ohio, the birth mother is considered the sole legal custodian and residential parent. Because of this, the mother would automatically get custody if the couple were to break up.

A father’s rights must be established through a court order. A child custody lawyer can help the unmarried father write a letter to file with the court acknowledging his paternity. Evidence to support the claim can include genetic tests, proof of intercourse with the mother during the period of conception, and the opinions of paternity specialists. 

Once paternity is legally established, the father must petition the court to start the process of creating a custody agreement. Both parents can work together to establish the terms of a parenting arrangement. Otherwise, a judge will consider what’s in the best interest of the child. The child’s preference, their relationship with each parent, and which parent can better provide for the financial and day-to-day needs of their offspring are a few factors taken into account. 

How Child Support Works

Although a father must petition for child custody, their legal obligation to provide financial support starts once paternity is established. The child support enforcement agency will also create an administrative child support order when an acknowledgment of paternity affidavit is completed or the mother petitions for support.

When working out custody agreements, a judge will consider the income and earning potential of both parents when deciding on the terms of financial support. A child support attorney can also help estimate the payments and file paperwork with the court. 

To ensure your rights are acknowledged by the court, contact the child custody lawyers at O'Connor, Mikita & Davidson in Cincinnati, OH. With over 20 years of experience, the counselors know the ins and outs of Ohio family laws and work to get custodial rights, parenting time, and child support for their clients in the Hamilton County area. See the child custody lawyers’ profiles online. Call (513) 793-5297 to arrange a meeting.