In order to get custody and visitation and childsupport ordered though the court you will need to file for a divorce if that is what your wanting to do. You can ask for sole custody or joint custody however if he has had a restaining order against him you might want to tell the judge that and ask that he gets limited or supervised visitations. You can consult with an attorney and if you can't afford one you can try to get help though free legal services. They deem your incom but they will let you know when you talk to them if you are eligiable. I am sure your going to be granted custody the court does not usally take a child away from the mother.
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Submitted 350 days ago...
Who has custody
I have a 11 month old girl. She was conceived in the marriage but born out of the marriage. I was told by my defense lawyer due to physical abuse for a restraining order on the father that Ohio gives the mother 100% custody. Then when i filed for child support, my case worker informed me differently. She has told me Ohio goes by the conception date. So since she was conceived inside of the marriage he has all the legal rights as i do. He signed the affidavit at the hospital and the birth certificate. Now I'm being told that because she was born out of the marriage neither one of us has legal custody until one us goes and files for it. So i am doing everything i can to find out where i stand as a mother to my child. Please advise me on this matter. I would like to have or find out where i can find what i need in writing in some kind of law book or code#. thank you for your time and future response
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