We Can Help. Call Today!
Can an Unmarried Mother Take Her Child and Leave Ohio?

Can an Unmarried Mother Take Her Child and Leave Ohio?

Unmarried Mothers' Rights & Paternity Matters 

Can an unmarried mother take her child and move out of Ohio without the consent of the baby’s father?  Yes, if the father of the child is unable to establish paternity, than the mother is awarded sole custody and can move if she pleases. If the father wishes to have visitation rights, he then must also obtain a court order.

Don't hesitate to contact our firm for help with your specific situation. 

Establishing Paternity in Ohio 

First, a little history.  When a child is born to a couple who is married, the State of Ohio assumes the husband to be the baby’s biological father.  When a mother is unmarried, there is a process to legally establish “paternity” – the legal process which identifies the father of the child – after which the father may be granted custody and parenting rights by an Ohio Court but until something happens in court, the mother is the sole legal parent of the child.

If both unmarried parents sign an “Acknowledgement of Paternity Affidavit” at the hospital, and it is properly filed with the appropriate agency, the State of Ohio may recognize a man as the father of a child.  The father’s name will be listed on the birth certificate.

Establishing Custody & Parenting Time 

Even with an Acknowledgement of Paternity, however, the father is still required to seek specific orders from an Ohio Court to establish custody or parenting time.  Without these Court orders, an unmarried father may not be able to stop the unmarried mother of his child from taking the baby and moving away or even have parenting time with the child.

If the mother of the child is not cooperative, or if time has passed since the child’s birth, the process of establishing paternity may become a bit more complex. There is a legal process to establish DNA proof of paternity, after which the father can request Court orders regarding child custody, visitation, and support.

Summary Answer 

When can an unmarried mother take her child and leave Ohio?  At any point in time until the father asserts his legal rights through paternity.  The number of legal variables in these cases are numerous, but it is absolutely possible for an unmarried father to step forward, establish paternity and ask the court for legal custody, visitation and support rights.  

If you are an unmarried father and have questions about a paternity related matter, we invite you to contact us or call (614) 289-1227


Reviews From Our Clients

  • “I cannot say enough great things about Brittany and The Law Offices of William L. Geary.”

    - Cory B.
  • “Excellent professionals.”

    - Carla Z.
  • “I would recommend this attorney to anyone in my family or friends. He is the best. Before I worked with Mr. Geary with a very complicated and contested divorce case, I had also worked with other ...”

    - Wentong
  • “Bill was very attentive and listened carefully to my case. He "rolled up his sleeves", went to work and got the best possible solution to my problem. He was absolutely brilliant, and his fee was very ...”

    - Carl
  • “Mr. Geary is a very knowledgeable and trustworthy lawyer, which is not always synonymous with such a profession. I'm always impressed with his attentiveness and responsiveness, even after normal ...”

    - Gregory

Contact Our Firm

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Case Examples

  • Child Support Enforcement Agency’s Payment of Attorney Fees to Our Client
  • Custody to Father (Child Relocated from Japan)
  • Custody to Unrelated Couple
  • Divorce/Business Valuation
  • Retrieval of Children Who Had Been Taken from State and Hidden from Father