Unmarried Parents: Why Establishing Paternity Matters Early

For unmarried parents, one of the most common, and costly, misunderstandings is this:

Being a biological parent is not the same as being a legal parent.

In Ohio, paternity must be legally established before a father can enforce custody or parenting time rights, and before a court can issue child support orders. Addressing paternity early creates clarity, stability, and fewer disputes later.

Paternity Test

What Paternity Means (Legally)

Paternity is the legal recognition of a child’s father.

When parents are married, paternity is generally presumed. When parents are not married, that presumption does not automatically apply—even if the father is involved in the child’s life.

Until paternity is legally established:

• A father generally cannot enforce custody or parenting time rights

• A court cannot order child support from the father

• Important benefits tied to parentage may be unavailable to the child

Establishing paternity is the foundation on which all other parental rights and responsibilities rest.

How Paternity Is Established

There are several common ways paternity may be established in Ohio:

Voluntary Acknowledgment of Paternity (VAP)

Both parents can sign a voluntary acknowledgment form, often at the hospital after birth or later through the appropriate agency. When properly completed and filed, a VAP generally has the same legal effect as a court order.

Administrative Establishment

In some cases, a child support agency may initiate an administrative process, which can include notice and genetic testing if paternity is disputed.

Court Order

If paternity is contested or unclear, a court can determine parentage—often with DNA testing. Once the court issues an order, paternity is legally established.

Each method has different implications, and choosing the right path depends on the situation.

Rights of Unmarried Parents After Paternity Is Established

Once paternity is legally established, parents generally stand on equal legal footing.

The Mother

At birth, an unmarried mother is typically presumed to have sole legal and physical custody until a court orders otherwise.

The Father

After paternity is established, a father gains the right to seek:

• Custody or shared legal decision-making

• Parenting time

• Participation in decisions affecting the child

From that point forward, courts evaluate both parents based on the child’s best interests, not marital status or gender.

Custody, Parenting Time, and Support Are Separate Issues

Another common misconception is that child support and parenting time are linked.

They are not.

• A parent cannot withhold support because parenting time is denied

• A parent cannot deny parenting time because support is unpaid

Each issue is addressed separately by the court, even though they often arise together in paternity cases.

Why Timing Matters

Delays in establishing paternity can create avoidable problems:

• Missed opportunities to establish early parenting routines

• Unclear expectations about decision-making

• Increased conflict once positions harden

• Complications if circumstances change (relocation, new relationships, employment changes)

Early legal clarity helps parents focus on building a workable, child-centered arrangement instead of reacting to crises.

A Practical Takeaway

Paternity cases are not about “winning” rights, they are about establishing structure.

When paternity is addressed early and correctly:

• Parents know where they stand

• Courts have a clear framework to work from

• Children benefit from stability and consistency

Waiting rarely makes these situations easier.

Want to Understand How Paternity Affects Your Rights?

If you are an unmarried parent, or expecting a child, getting accurate information early can prevent long-term complications.

👉 Visit our Family Law page to learn more about paternity, custody, and child support, or schedule a consultation to discuss your situation.

This article provides general information, not legal advice. Outcomes depend on individual circumstances.