Before Any Custody Order
ORC 3109.042 and 2919.23 — who has the child until a court says, and taking a child from that parent
Unmarried, the mother is the custodian until a court says otherwise. An unmarried woman who gives birth to a child is the sole residential parent and legal custodian of the child until a court issues an order designating another person as the residential parent and legal custodian. When a court makes that designation, the same section says it treats the mother and the father as standing upon an equality.
So for unmarried parents the change comes from an order, and the section names nothing else that makes it. Until an order issues, the mother holds both titles.
Taking a child is its own offence. No person, knowing they are without privilege to do so, or being reckless about it, may entice, take, keep or harbour a child under eighteen from the child's parent, guardian or custodian. It is called interference with custody, and the section is written about any person.
| What happened | The degree |
|---|---|
| What happenedTaking or keeping a child under eighteen from the parent, guardian or custodian | The degreeFirst degree misdemeanor |
| What happenedThe child is removed from Ohio, or there is a prior conviction under the section | The degreeFifth degree felony |
| What happenedThe child suffers physical harm as a result | The degreeFourth degree felony |
- It is an affirmative defence to enticing or taking that the person reasonably believed it was necessary to preserve the child's health or safety.
- It is an affirmative defence to keeping or harbouring that the person, in good faith, gave notice to law enforcement or judicial authorities within a reasonable time after the child came under their shelter, protection or influence.
The interference section also reaches a person committed to certain institutions, and helping a child leave the custody a court committed the child to. An unmarried mother convicted of rape or sexual battery who has been declared the parent of a child born as a result of it is not a residential parent under the unmarried mother section. Whether a particular person was without privilege on particular facts, and what an existing order says, are questions for a licensed Ohio attorney.
Sources for this section (2)
- ORC 3109.042 — The unmarried mother, until a court designates otherwise
- ORC 2919.23 — Interference with custody
Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.