Columbus Paternity Attorney
Many fathers do not understand the full extent of the rights they have with their children, as well as the steps they need to take to legally establish those rights. At the law offices of Robert L. Caplan Attorney at Law, Mr. Caplan is committed to helping fathers understand and exercise their parental rights and seek formal visitation and custody to preserve the relationships they have with their children.
Columbus Paternity Lawyer – Representation In Establishing Paternity And Seeking Parental Rights
Under Ohio family law, paternity is established by three main criteria: marriage to the mother of the child at the time of the child’s birth, a signed acknowledgement of paternity affidavit or a court order which states that you are the father.
A signature on the birth certificate does not legally establish you as the father. If you are doubting that you are the father, you can seek court-ordered genetic testing to formally determine whether or not you are the father.
Until paternity is established and a court order exists for visitation rights, a father has no paternal rights to the child, either for visitation or custody. Parenting time is at the mother’s discretion. Even if the mother is granting you parenting time with your child right now but there is no legal order, it is important that you complete the process of formally seeking rights to ensure that you maintain your current visitation with your child. You never know when conditions may change between you and the mother in the future.
For fathers who are not married to the mother, the court usually grants similar parenting time as divorced fathers. The court has a standard model parenting time schedule that allows the father to generally get time every other weekend, one weekday evening and half of the summer and holidays. This is known in Columbus as Rule 22 parenting time.
To learn more about your rights as a father and how Mr. Caplan can help you understand your options and alternatives, please contact Robert L. Caplan Attorney at Law, today by calling 614-252-2026.
Answers To Questions About Fathers’ Rights And Paternity
If you have questions or concerns about paternity or the rights of fathers in Ohio, the answers to these common questions can offer clarity.
Can paternity be established without going to court?
Yes, paternity can be established outside of court through a Voluntary Acknowledgment of Paternity. This form is typically signed at the hospital when the child is born or later at a local child support enforcement agency. It becomes a legally binding determination of paternity once filed with the Ohio Department of Health. Signing this form carries the same legal effect as a court order, so it is important to be certain before completing it.
What if the mother denies paternity or refuses to cooperate with paternity testing?
If the mother disputes paternity or will not participate in testing, fathers can file a petition with the court or request assistance from the child support enforcement agency. The court can order genetic testing even without the mother’s cooperation, and the results determine legal parentage. This helps ensure fathers who wish to establish their rights have a path forward even when communication with the mother is difficult.
Once paternity is established, what specific rights does a father gain regarding his child?
Establishing paternity provides legal standing to pursue custody, parenting time and involvement in major decisions affecting the child. It also creates the right to access school and medical records, participate in education or health care choices and seek court orders that define each parent’s responsibilities. Establishing paternity does not grant custody or visitation but allows fathers to secure these rights through the proper legal process.
Can I challenge paternity if I am listed as the father but I do not believe I am?
Yes, Ohio law allows a man to challenge paternity even if he is already listed on the birth certificate. A legal action must be filed within the applicable time limits, and the court will typically order genetic testing to determine whether the listed father is biologically related to the child. If the testing process shows he is not the biological father, the court may set aside the prior acknowledgment or court order.