Paternity

2 Reasons to file Paternity Action in Ohio

First it is good for the father.  Being named as the legal father bestows on the man many legal rights.  The legal father may filed for custody or visitation.  He is entitled to access to the childs school, medical and daycare records.  Further, he can prevent his child from being adopted without consent or moved out of the jurisdiction without a hearing.

Secondly, it helps the child.  Once paternity is established, the mother may receive child support to help support the child.  Likewise many benefits become available to the child, such as: health insurance coverage, inheritances, and perhaps even social security or veteran’s benefits.

Do I Need a Paternity Action in Ohio?

ORC 3111.03 Presumption of Paternity.

You would not need to get a paternity test where a man is presumed to be the father of the child.  A man is presumed to be the father where: (and therefore is the father legally UNLESS certain things change)

  • The man and the mother were married at some point AND the child was born during or within 300 days after the marriage terminated.
  • The man and the mother attempted to marry (under certain circumstances), the marriage can only be invalidated by a court, AND born during or within 300 days after the marriage terminated.
  • The man and the mother attempted to marry (under certain circumstances), the marriage is invalid, AND born within 300 days after the termination of cohabitation.
  • An acknowledgement of paternity was filed pursuant to statute AND has not become final pursuant to statute.

Who Can Bring a Paternity Action in Ohio?

ORC 3111.04 Standing to bring paternity action.

An action to determine paternity may be brought by:

  •  the child or the child’s personal representative,
  • the mother or her personal representative,
  • the alleged father, or the alleged fathers personal representative
  • the child support enforcement agency of the county where the child resides if the child’s mother, father, or alleged father receives public assistance under Title IV-D of the “Social Security Act.

Can I challenge paternity?

Yes, an experienced attorney can help you handle your paternity questions.  Often paternity can be challenged even years down the road.

Contact your Columbus divorce lawyer at my Grove City office if you need immediate assistance with your divorce, custody or other family law issue. Now serving Franklin, Madison, Pickaway and Fayette counties.  Now accepting cases in Columbus, Grove City, London, Washington Courthouse, and Circleville.