Hello my name is alesha and I'm contacting you in regards of a child matter. My sons dad says he's got legal right because he pays child sup and demands me to let him see my son he won't come to the state I'm and and expects me to take my son to him and or let someone take him to his dads. We where never married so can you please tell me exactly what legal rights he has. Mind you he's lost two kids to job and family service and has a total of 7kids. Im scared he will take off with me son and I just want what's best for my son and being around his father is not one of them he just got out of jail a day or two ago on a gun charge so can you please help me figure this out for my son I'm despite
Just because he pays child support does not mean he automatically gets to see his son, technically. If he asks you to see his son, you can tell him he can come and pick him up if he wants to. You are not under any obligation to bring him or have a third party, take your son to see his father in another state. The best situation is to file for custody of your son and have the father receive visitation. Then the both of you can work out a visitation schedule approved by the court. That helps in two ways. First, everyone knows what everyone's legal rights are. And second, if he takes your son and does not bring him back, you have a court order that you can take to the police to have him returned to you. Without a custody order, if he takes your son and does not return, the courts and police are powerless to help you because your son would not have been kidnapped, he would just be living with his father.
I do not think he has any rights to your son until he asserts them in Court. I do agree that you should get some Court orders going so as there is no confusion. In Ohio, as an unmarried Mother you are sole legal and residential custodian of the child. You should not unreasonably deny visitation as that may be held against you if he every files in Court. Good luck.
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Assuming the child was born in Ohio and the "act" occurred here, you are legally the sole residential parent and legal custodian of the child regardless of whether paternity has been established and he pays child support. He would only have parenting rights if they were granted by the court. I would suggest talking to an attorney to review the specifics of your case to determine if any action for protection orders may be warranted. You should be able to find an attorney that can provide you a free initial consultation to discuss your specifics in your area.
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