What child custody rights does the father have? 1 Answers as of July 05, 2011

I had a short affair and now I'm pregnant. I told my husband and he forgave me and wants to raise this child as his. We have two kids together. The other man is a marijuana dealer and is not allowed to see his other two kids. He is threatening to take us to court when the baby is born and take the baby from us or get partial custody. I do not trust him alone with any child as he parties every night and sells drugs. This baby was conceived during my marriage to my husband and I am hoping that may be in our favor somehow. I am putting my husband on the birth certificate. I do not want the other man in my child's life I don't trust him. What could happen if taken to court?

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The good news is that your husband is considered the putative father of the child. That means that the court assumes that, absent evidence to the contrary, the child is his. The presumption is rebuttable by a hearing where evidence to the contrary is presented. Countering the presumption would be expensive, time consuming and would result in child support assessed against the bio-father. Given all that, only rarely do we see bio-fathers challenging the presumption. If the bio-father does challenge the presumption and wins, he could have his name placed on the birth certificate, and would be accorded visitation time with the child, as well as being assessed child support. Please consult a local domestic relations attorney to discuss your options.
Answer Applies to: Ohio
Replied: 7/5/2011
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