Virginia Cornwell is a Franklin County Ohio Father’s Rights Lawyer and an Ohio State Bar Association Certified Family Relations Specialist.
In Franklin County, as in the rest of Ohio, Fathers need to know their rights, especially if they are not married to the mother of their child. Although the law regarding father’s rights is the same in Franklin County as it is in the rest of Ohio, the procedures in Franklin County may be a little different than other some other counties.
First, the basics.
Readers need to get caught up on their rights under state law before we focus on county procedure:
https://cornwell-law.com/answers/fathers-rights-learn-about-fathers-rights-to-visitation-in-ohio/
https://cornwell-law.com/07/ohio-parents-who-are-not-married
https://cornwell-law.com/08/unmarried-fathers-rights/
https://cornwell-law.com/07/can-i-just-sign-away-my-rights-to-my-child/
https://cornwell-law.com/09/ohio-child-custody/
https://cornwell-law.com/08/ohio-fathers-rights-news/
CALL NOW at (614) 225-9316
Next, Franklin County Procedure.
It would be impossible to describe everything about Franklin County, Ohio Juvenile and Domestic Relations Court procedures in one article, or even a series of articles, that effects fathers (and mothers, for that matter, as it takes two to make a child), but I will start with a number of pointers:
- File the right Complaint/Motion. If Paternity is not established, the complaint needs to say so, and ask that paternity be established. If the parties are married, and the person wants to file for divorce and have paternity tests, then you need to file the proper pleadings to do that. If the filer wants parental rights (not just paternity established, then your complaint or motion must ASK FOR IT. Everything that you want the court to do should be asked for in your pleadings.
- Temporary Orders are decided by the submission of affidavits in Franklin County. Ideally, these affidavits are form affidavits, not just narrative affidavits. Missing the deadline for submission of affidavits usually means the other party gets whatever they asked for in their affidavits – and the person who missed their affidavit deadline is usually unhappy with these orders.
- Getting a Guardian ad Litem involved in the case early is a good idea. It takes a few months between hearings in Franklin County. Having a GAL appointed early allows the case to continue to move toward resolution in between hearings (hopefully, depending on the GAL on the case).
- Generally, in Franklin County, the court starts with the idea that shared parenting is in the best interest of the child. Regardless of which parent is going to end up being the school placement parent, at a minimum, in the absence of evidence to the contrary, as a trend Franklin County courts favor shared parenting. For the most part, the days of one parent simply refusing to talk to the other in order to avoid shared parenting has all but disappeared, as parents now have so many other communication options, most notably cell phone and text message.
- Although each case is decided on its own merit, Franklin County Judges, Magistrates and Guardian ad Litems tend to favor shared parenting for fathers, absent a compelling reason against it. Generally, in Franklin County, the court starts with the idea that shared parenting is in the best interest of the child. Regardless of which parent is going to end up being the school placement parent, at a minimum, in the absence of evidence to the contrary, as a trend Franklin County courts favor shared parenting. For the most part, the days of one parent simply refusing to talk to the other in order to avoid shared parenting has all but disappeared, as parents now have so many other communication options, most notably cell phone and text message.
- Cases tend a move a little slower than some smaller counties. Franklin County is a large county, with a crowded docket, and although the docket is moving faster than it used to, people who are in a big hurry for their case to be resolved might be surprised to learn that court expects them to wait their turn in a long line of people who also want their case resolved. An experienced Franklin County Ohio Father’s Rights Attorney will help you understand what you can reasonably expect from the court.
CALL NOW at (614) 225-9316
Need some help? We would be happy to schedule a consultation with you. Please give us a call, and one of our Franklin County Ohio Father’s Rights Attorneys will meet with you to discuss your case.
Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.
DISCLAIMER – Read it, it’s important!
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