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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33802
Experience:  Attorney with 15 years experience
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Live in Ohio, son is not married but has been living with the

Customer Question

Live in Ohio, son is not married but has been living with the mother of their child for past 9 years, child in question is 8years old, the mother is taking child and moving out, does he have any rights?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Is son on the birth certificate as the biological father?
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Is there any type of custody/visitation order in place from a court?
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thanks
Barrister
Customer: replied 1 year ago.
Son is on birth certificate as bio father, they have never been separated before this. Mother is taking child to unknown destination,
Expert:  Barrister replied 1 year ago.
Ok, from a purely legal viewpoint, if he is on the birth certificate, then they both have exactly equal custodial rights to the child. That means that whoever has physical custody of the child has a legal right to do so and the other parent can't compel them to deliver the child to them.
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Without a court order in place specifying custody/visitation times, then either parent could simply keep the child indefinitely and force the other parent to file a paternity court action to prove paternity and get the judge to issue a formal custodial order that both parents would have to abide by or face possible contempt of court charges.
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So to answer your question directly, without any court order in place, unfortunately yes, the mother can take the child anywhere she wants to without son's permission.
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However, this goes both ways and if son had physical custody of the child, he could refuse to return the child to the mother and force her to be the one to file a paternity case to get the custody order in place.
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thanks
Barrister

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