What, exactly, have I got here?

[Humusluvr]

What is the name of your state? Ohio

What I need to know is - exactly what kind of "custody" do I have, and what rights does that give me?

I was reading a post by haiku:

though there are states that give both parents presumption of custody once paternity is legally established, Massachusetts is NOT one of them. The mother retains sole custody until such time as a court orders otherwise.


http://law.onecle.com/massachusetts/209c/10.html

I couldn't find the info for Ohio. I googled a bunch of stuff, and all I could find was probate info.

Here's the relevant info.

Baby born in Ohio. Dad present at birth, signed AOP. We were not married, ever (thank goodness). There has been no court order for anything yet. Dad won't file, I will file when I am officially an Ohio resident (Sept 24th) if that is what I need to do.

Do I have sole custody? Sole legal? What does that entail? Can I get a passport without dad? Make medical decisions? What else?

We may travel at some point (no current plans) and I don't think dad would have a problem with that, but it may be a pain to get notarized letters from him, etc. Also, baby has surgery scheduled in August to repair a birth defect. Do I need to get anything from dad for that?

Anyone know of an equivalent website to the one haiku posted, but for Ohio?

muchos gracias, oh wise ones.

 

[Ohiogal]

What is the name of your state? Ohio

What I need to know is - exactly what kind of "custody" do I have, and what rights does that give me?

I was reading a post by haiku:



I couldn't find the info for Ohio. I googled a bunch of stuff, and all I could find was probate info.

Here's the relevant info.

Baby born in Ohio. Dad present at birth, signed AOP. We were not married, ever (thank goodness). There has been no court order for anything yet. Dad won't file, I will file when I am officially an Ohio resident (Sept 24th) if that is what I need to do.

Do I have sole custody? Sole legal? What does that entail? Can I get a passport without dad? Make medical decisions? What else?

We may travel at some point (no current plans) and I don't think dad would have a problem with that, but it may be a pain to get notarized letters from him, etc. Also, baby has surgery scheduled in August to repair a birth defect. Do I need to get anything from dad for that?

Anyone know of an equivalent website to the one haiku posted, but for Ohio?

muchos gracias, oh wise ones.

Call me.

ORC 3109.042 Custody rights of unmarried mother.
An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.

Effective Date: 01-01-1998

 

[Humusluvr]

Call me.

Awww, I thought you would be all about "the learning experience for the other posters."

 

[casa]

What is the name of your state? Ohio

What I need to know is - exactly what kind of "custody" do I have, and what rights does that give me?

I was reading a post by haiku:



I couldn't find the info for Ohio. I googled a bunch of stuff, and all I could find was probate info.

Here's the relevant info.

Baby born in Ohio. Dad present at birth, signed AOP. We were not married, ever (thank goodness). There has been no court order for anything yet. Dad won't file, I will file when I am officially an Ohio resident (Sept 24th) if that is what I need to do.

Do I have sole custody? Sole legal? What does that entail? Can I get a passport without dad? Make medical decisions? What else?

We may travel at some point (no current plans) and I don't think dad would have a problem with that, but it may be a pain to get notarized letters from him, etc. Also, baby has surgery scheduled in August to repair a birth defect. Do I need to get anything from dad for that?

Anyone know of an equivalent website to the one haiku posted, but for Ohio?

muchos gracias, oh wise ones.

I can answer the one about the passport. You need Dad PRESENT for any child under age 13 (unless you file an Exception form & it is accepted). Even if you have Sole Legal/Physical ~ as long as Dad's Parental Rights aren't terminated (diff. from Custody) you will either need his consent or to prove you are unable to contact/find him. You can read the details at USPS.com

 

[Ohiogal]

Awww, I thought you would be all about "the learning experience for the other posters."

I edited it. See? I was nice. And I think Casa is correct. Though others say if you have COURT ORDERED SOLE Custody you don't need daddy's permission. You don't however. You have default sole.

 

[janM]

I can answer the one about the passport. You need Dad PRESENT for any child under age 13 (unless you file an Exception form & it is accepted). Even if you have Sole Legal/Physical ~ as long as Dad's Parental Rights aren't terminated (diff. from Custody) you will either need his consent or to prove you are unable to contact/find him. You can read the details at USPS.com

That's not my understanding. Do you need something that actually SAYS Legal Custody? Because a parent with legal custody does not need the NCP to sign for a passport, as I understood it.

http://www.travel.state.gov/passport/get/minors/minors_834.html

3. One parents appears, signs, and submits primary evidence of sole authority to apply (such as one of the following):

Child's certified U.S. or foreign birth certificate (with translation, if necessary) listing only applying parent; or
Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent; or
Court order granting sole custody to the applying parent (unless child's travel is restricted by that order); or
Adoption decree (if applying parents is sole adopting parent); or
Court order specifically permitting applying parent's or guardian's travel with the child; or
Judicial declaration of incompetence of non-applying parent; or
Death certificate of non-applying parent.

Ok, just read the preceding post...you don't have a court order...

 

[Ohiogal]

That's not my understanding. Do you need something that actually SAYS Legal Custody? Because a parent with legal custody does not need the NCP to sign for a passport, as I understood it.

http://www.travel.state.gov/passport/get/minors/minors_834.html

3. One parents appears, signs, and submits primary evidence of sole authority to apply (such as one of the following):

Child's certified U.S. or foreign birth certificate (with translation, if necessary) listing only applying parent; or
Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent; or
Court order granting sole custody to the applying parent (unless child's travel is restricted by that order); or
Adoption decree (if applying parents is sole adopting parent); or
Court order specifically permitting applying parent's or guardian's travel with the child; or
Judicial declaration of incompetence of non-applying parent; or
Death certificate of non-applying parent.

Ok, just read the preceding post...you don't have a court order...

That statement that I bolded is too overly broad to be of any help to most people> I say that because if you have joint legal you still have legal custody. But you still need the other parent's permission. But yes, her problem is she has NO court order. So CASA is correct as far as she went.

 

[Humusluvr]

I edited it. See? I was nice. And I think Casa is correct. Though others say if you have COURT ORDERED SOLE Custody you don't need daddy's permission. You don't however. You have default sole.

You were SUPER NICE!!!

Thanks for the passport info, casa. Just need to know what I needed for the future!

 

[casa]

You were SUPER NICE!!!

Thanks for the passport info, casa. Just need to know what I needed for the future!

Myself & 14 other parents just had to do this for my teen's exchange student trip overseas.

Oddly enough, I had to file an exception EVEN THOUGH I have Sole Legal...because I needed to expadite the passport. I never found any info. on the sites, but I just complied in order to get it done ASAP.

 

[Ohiogal]

You were SUPER NICE!!!

Thanks for the passport info, casa. Just need to know what I needed for the future!

NO! You are going to ruin my reputation dangit.
Jan was also correct and helpful by posting the passport rules. You still need dad's permission however to get a passport. And he needs yours.

 

[penelope10]

NO! You are going to ruin my reputation dangit.
Jan was also correct and helpful by posting the passport rules. You still need dad's permission however to get a passport. And he needs yours.

Did this a couple of years ago. Filled out the forms. We both had to sign off. We both didn't have to go to the passport office together though. For the life of me I can't remember why. I sure there must have been some type of affidavit that I had to sign giving permission without me being present.

If you still have questions after going on line, you can call. I think there are phone numbers to call on the site. If not you can call your local post office. They'll have the phone numbers. (Or at least my post office did). Even in calling it's good sometimes to get a second opinion. Many of these folks are semi new that are working with passport issues.

 

[haiku]

just chiming in 'cuz I saw my name, and thought I was in trouble!!!

 

[penelope10]

just chiming in 'cuz I saw my name, and thought I was in trouble!!!

Nah, only GOOD stuff!

 

[Humusluvr]

NO! You are going to ruin my reputation dangit. .

ok, I'll fix it.

Ohiogal, you mean mean meanie!!! How DARE you attack me? Are you even a lawyer? Are you even a HUMAN? Do you aim for puppies on your way home from work? How can you sleep at night, knowing how you've upset me? he he he, I could go on foreverrrrrrrrrrrrrr.

 

[Humusluvr]

just chiming in 'cuz I saw my name, and thought I was in trouble!!!

I was giving you props!!!

I was reading the PeachyIceTee saga