One of the most common misconceptions I face is that in any divorce or dissolution involving children or a child custody case, Ohio has a bias in favor of mothers.
In the context of a divorce or dissolution, Ohio law does not give preference to either the mother or the father. Rather, the court will issue custody and parenting time orders based on what is in the best interest of the children.
However, if a child is born to unmarried parents, Ohio law does state that the natural mother is the presumed sole legal custodian of the child. Fathers can address this in court by filing a paternity action or an action allocating parental rights and responsibilities. During these actions, fathers can request custody, shared parenting, and request to establish parenting time. When these motions are filed, again, Ohio law does not initially favor one parent over the other but will issue orders that it determines are in the best interest of the children.
Some fathers will still claim that, despite the law, there is still an inherent bias in the court system favoring mothers. Whether or not this is true, it is important for any parent to safeguard their parental rights and responsibilities in any divorce, dissolution, or custody matter by consulting with an experienced attorney.