Columbus Parental Rights Attorney

Defending the Rights of Mothers and Fathers in Ohio

All parents have rights in regard to their child or children. These rights can be complicated by a divorce, dissolution, or custody matter and questions can arise on a variety of matters concerning responsibilities in regards to important matters in your child’s upbringing.

These issues are personal and require the dedicated attention of an experienced attorney. At Nina Scopetti Attorney at Law, our parental rights attorneys in Columbus provide the help that fathers and mothers need to seek what is in the best interests of your child.

To learn more, or to schedule your initial consultation, call our parental rights attorney at (614) 664-6409 or contact us online.

Understanding Parental Rights in Ohio

Parental rights refer to the legal rights and responsibilities that a parent has over their child. These rights include decisions about their child's education, healthcare, religious upbringing, and general welfare. In Ohio, both mothers and fathers have parental rights, but these rights can be influenced by the circumstances of a divorce, separation, or paternity determination.

Ohio law typically presumes that it is in the best interests of the child to maintain a relationship with both parents, unless there are specific reasons that justify limiting a parent's rights. This presumption applies to both mothers and fathers, regardless of gender. However, there are instances where one parent's rights may be questioned, such as allegations of abuse, neglect, or if a parent is unable to meet the child's basic needs.

Mother's Rights in Ohio

In a divorce, or when unmarried couples separate The court has to determine which parent will have custody of the children as well as the financial obligations of the parents. In many situations, the Mother is the parent who has had primary responsibility for raising the children. However, when the parents separate, those roles can begin to shift.

We have worked with many married and unmarried mothers to highlight their parenting abilities and defend their rights.

Custody Rights

Mothers in Ohio have the right to seek custody of their children in family law proceedings. If a mother and father are unmarried, the mother automatically has legal and physical custody of the child unless a court order states otherwise. For married couples, custody decisions are made based on what is in the best interests of the child.

• Physical Custody: The mother may be awarded primary physical custody of the child, meaning the child lives with her the majority of the time.
• Legal Custody: This refers to the right to make major decisions regarding the child’s health, education, and welfare. Ohio courts typically favor shared legal custody, allowing both parents to have a voice in these important matters unless it is deemed unfit for one parent to do so.

In any custody dispute, the court will base its decision on the child’s best interests. Factors considered include the child’s relationship with each parent, the stability of the home environment, and the ability of each parent to provide for the child's physical and emotional needs.

Visitation Rights

Even if a mother is awarded primary custody, the non-custodial parent (typically the father) is still entitled to visitation rights unless there is a concern regarding the child's safety or well-being. Visitation is typically awarded in a way that allows the child to maintain a meaningful relationship with both parents.

If the father is denied visitation or if there are concerns that the mother is not adhering to a visitation schedule, it is essential to seek legal assistance to enforce these rights.

Child Support Rights

Mothers also have the right to seek child support from the father if they are the custodial parent. In Ohio, child support is calculated based on a formula that takes into account the income of both parents, the amount of time the child spends with each parent, and the needs of the child. A mother may seek child support in any of the following circumstances:

• If she is the primary custodial parent.
• If the father is not providing adequate financial support for the child’s needs.
• If a father is not paying court-ordered support, the mother may file a motion for enforcement.

Both parents, and even grandparents, have rights and responsibilities, and resolving issues effectively can help ease the stress and emotional impact on families and children. We will advocate for mothers to seek a resolution that is in the best interests of the child, and which respects the role the Mother has maintained in the lives of her children. Attorney Scopetti has successfully represented many mothers in custody cases.

Father's Rights in Ohio

Ohio courts are moving toward a more progressive view of parental rights, in which fathers are given equal consideration in custody and visitation matters. Seeking representation from an experienced Columbus family law attorney can help ensure you are treated fairly.

Establishing Paternity

For unmarried fathers, establishing paternity is the first step in securing parental rights. In Ohio, a father can establish paternity by:

• Signing a voluntary acknowledgment of paternity form at the time of the child’s birth.
• Seeking a paternity test through the court system.

Once paternity is established, the father gains the right to seek custody or visitation and to be involved in important decisions regarding the child's life.

Custody Rights

Fathers in Ohio have the right to seek custody of their children, whether in a divorce or when unmarried. While mothers may be awarded primary custody in some cases, Ohio law recognizes that fathers also have the right to seek shared or sole custody.

In deciding on custody, Ohio courts consider many factors, including:

• The relationship between the father and the child.
• The ability of the father to provide a stable home environment.
• The child’s wishes (depending on age and maturity).
• Each parent's ability to meet the child’s physical, emotional, and educational needs.

Fathers who wish to pursue primary custody or shared custody may face an uphill battle if there are allegations that they have not been actively involved in the child’s life. However, fathers who have maintained a strong relationship with their children may have a solid case for seeking joint custody or physical custody of the child.

Visitation Rights

Fathers who are not awarded primary custody are typically granted visitation rights, allowing them to spend time with their children regularly. This could include shared holiday time, weekends, and vacations. If a father is denied visitation, or if he believes that the mother is hindering his ability to have meaningful contact with the child, legal action can be taken to enforce visitation rights.

The best interests of your child will always be paramount, which is why, in most cases, it is beneficial for a father to have a say in their child’s upbringing. We aim to show evidence to the court that it would be beneficial for a father to be granted significant custodial or visitation rights. In fact, in some cases, it is in the best interests of the children that the Father have custody. Attorney Scopetti has represented many fathers and will advocate for your rights.

Child Support

Fathers are obligated to pay child support if they are not the primary custodial parent. Ohio has specific guidelines that determine how much child support should be paid, based on both parents' income and other financial factors. Even if a father has visitation rights, he may still be required to pay child support.

If a father believes that the child support amount is too high or that the financial circumstances have changed, he has the right to seek a modification of the support order.

How a Columbus Parental Rights Attorney Can Help

Parents who are facing legal challenges regarding custody, visitation, or child support issues can benefit greatly from legal representation. An experienced Columbus Parental Rights Attorney can:

• Assist with custody disputes: Whether you're fighting for custody or seeking a modification, a lawyer can help present your case in the best possible light.
• Help establish or challenge paternity: If you are an unmarried father, an attorney can assist with establishing paternity and ensuring that your rights are recognized.
• Represent you in child support cases: If you're facing a dispute over child support, a parental rights attorney can ensure that support is calculated fairly, or help you modify the amount if circumstances have changed.
• Enforce visitation orders: If visitation rights are being denied or altered without proper legal cause, an attorney can help enforce the terms of your visitation arrangement.
• Handle domestic violence and abuse allegations: In cases where allegations of abuse or neglect are involved, legal counsel is necessary to protect your rights and defend against any wrongful claims.

To learn more, contact our Columbus parental rights attorney at Nina Scopetti Attorney at Law. We can be reached at (614) 664-6409.