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Do Moms Always Get Full Custody?

Small girl looking at the camera while her parents verbally fight in the background

When filing for child custody, many assume that a judge will automatically give a mother full custody of the child or children. This, however, is a misconception, which is good for Ohio fathers.

Have questions about a proposed child custody agreement or current child custody arrangement? Contact the family law attorneys at L. Patrick Mulligan & Associates, LLC to see what we can do to get you the best possible solution to your situation.

Who Gets Custody?

Whether the parents were married or not prior to the separation does play a part in who gets initial custody of the child or children. In Ohio, if a mother gives birth and is not married, she will automatically get custody of the child. However, if the parents are married at the time of the child’s birth then they have equal rights to the child.

If a father is seeking rights for the first time or if there is a divorce, when it comes time to determine who gets custody of the child or children, the judge or magistrate will first look at the current living situation. If the parents have always been separated and the child is accustomed to two different homes, it may be in the best interest to keep that same living arrangement for the child and award split custody. However, if one parent has been primarily absent from the child’s home life and all of the sudden is interested in having partial or full custody, a judge may not be as open to awarding partial or full custody to that parent.

There are circumstances when a parent who hasn’t been in the picture or may not have been as involved, may try to suddenly get custody and a judge or magistrate agrees. This could be because the parent who had primary custody had a sudden change of circumstances, such as incarceration or other problems.

Ultimately - the most important factor to keep in mind when trying to determine who may get custody is that a judge or magistrate will do whatever is best for the child.

Considering Changing a Child Custody Arrangement or Need Representation for a Child Custody Hearing?

The attorneys at L. Patrick Mulligan & Associates, LLC have seen it all when it comes to child custody cases. That’s why we’re the representation you need when fighting your legal case. Contact our experienced team day or night to get schedule a free consultation. (937) 685-7006