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Can an unmarried father obtain parental rights at anytime?: My ex and I have been apart for a year now. We have never been married and we have a 2 year old. He has not yet established court ordered visitation but he comes and visits a couple times a weeks. Does he have to establish court ordered visitation within a certain time frame?

Asked 11 months ago in Child Custody

Curt’s answer: There is no limit as to when a biological Father can go to court to assert his parental rights. The court will require verification of paternity, but when two parties are not married, 3109.042 is the applicable Ohio statute. It's short. When a father files an action for parental rights involving a child of two unmarried parties, once the motion is filed, his motion is treated on an equal basis to the statutory presumption of the mother’s parental rights until adjudication.
If there's been a long gap in his involvement in the child's life, he may be looking at break-in visitation or gradual reintegration into the child's life. If there are domestic violence issues, or drug issues, or issues that created danger to the child, a Court will weigh those issues against fathers rights and the best interest of the child, under the statutes governing allocation of parental rights. Nonetheless, a Father's rights to be involved in the child's life are generally protected under the Constitution as First Amendment strict scrutiny rights per Troxwl v Granville, a 1999 United States Supreme Court case written by Associate Justice Sandra Day O'Connor. You might want to give it a read. Good luck.

Answered 11 months ago.


What can I do to undo an Ex Parte Protective Order that was granted from falsified info. provided w/out my presence?: I recently filed for divorce in Feb.2020 after catching my wife in an affair. I have cameras in my home to capture everything that occurs. I recently discovered that my wife was granted a Family Violence Ex Parte Protective Order. I have a video recording to prove that she IS LYING in order to get the ex parte protective order. I need to get this video into the court, therefore allowing me to move my assets, my vehicle & my clothing from my residence ASAP. Its NOT fair that I have to sleep in my vehicle & in hotels during this dangerous CORVID-19 situation & she gets to exercise illegal exclusive use of our residence without being granted exclusive use after fabricating a lie (via TPO).

(1) What document(s) can I file to move this matter in front of a judge (virtually) for review (of my video) & to over turn this entire ordeal my wife has fabricated? I ONLY want my clothes, & my remaining assets from my home.

(2) Also, is there a form that I can file to expedite the divorce proceedings since judges are holding court virtually?

Asked 11 months ago in Divorce

Curt’s answer: The best way for you to exercise your legal rights is to walk into Court with a lawyer. Both your Domestic Violence Hearing and your Ex Parte Hearing are based on emergency orders upon which hearings are set very quickly.
You're asking issues about introduction of documents and evidence which make it sound as if your intent is to prosecute these matters yourself. You don't have the training, the expertise nor the law degree that you need to do that.
I've said this before, and I'll say it again. When you walk into Court without a lawyer, it's just like walking into an Old West gunfight, and they have to six shooters - and your caring nothing but a 2 inch pen knife. Want to guess who wins?

Answered 11 months ago.


Is it parental kidnapping if custodial parent isn’t told of plans for NonCus to take kids out of state But he takes them anyway?: Noncustodial parent is exercising his 6 week extended vacation time: Non custodial parent told children they’d be going to Texas for his business trip.One of the children told told me about it, Noncustodial hasn’t disclosed any info at this point. If non custodial doesn’t disclose the info necessary to me, is it parental kidnapping once he leaves the state? Or just contempt? As custodial, do I have to notify him of that same information? (For trips we make.) Departure/arrival/location/emergency contact info. He only gets every other weekend. We follow the standard shared parenting order.

Asked 11 months ago in Child Custody

Curt’s answer: It all depends on what is written in your Divorce Decree or Parenting Order as to what notice requirements there are in existence before the noncustodial parent takes your child or children out of state. However, if the children are removed from the state during his exercise of parenting time, it's quite a stretch to say that that constitutes”parental kidnapping” when you have a court order that gives him or her physical possession of the children during his vacation time. Unless there is some sort of a restriction carved into the decree, which might create a situation of Contempt of Court, parental kidnapping, a criminal charge involving the interference with custody, does not apply here. You might want to speak to the lawyer who handled your divorce or custody litigation before you go filing criminal charges which may create for you a backlash of significant proportions. Good luck.

Answered 11 months ago.