Before there is a court order, who has custody when the parents are unmarried?
The law says that when an unmarried woman gives birth to a child, she is the sole residential parent and legal custodian of the child until a court of issues an order to change that. However, if either parent files for custody, the judge must treat the mother and father equally when deciding who gets custody.1
1 Ohio Rev. Code § 3109.042(A)