Full question:
My wife is having a kid by her B.f and I'm being told that I'll be on the bc and have to pay child support we haven't been together in over 3 years I need help
- Category: Paternity
- Subcategory: Married Woman
- Date:
- State: Ohio
Answer:
Under Ohio law, if you are married to the mother, you are presumed to be the father of the child. This presumption can be challenged with clear evidence. Because of this presumption, she can list you on the birth certificate.
You can file an action to determine paternity before the child is born. If this action is contested, the court will pause the proceedings until the child is born, except for serving process and taking depositions.
The father can be legally recognized by signing an acknowledgment of paternity or through a paternity action. Paternity can also be addressed in divorce proceedings, and you can include the alleged father as a party in that case. The court will then determine paternity.
References: In re S.K.L., 39 N.E.3d 825, 2015-Ohio-2860; Crago v. Kinzie, 733 N.E.2d 1219, 106 Ohio Misc.2d 51, 2000-Ohio-245; Deborah L. Slavin v. Thomas P. Slavin, 85-LW-1391, 49087; Riddle v. Riddle, 619 N.E.2d 1201, 63 Ohio Misc.2d 43; Hulett v. Hulett, 544 N.E.2d 257, 45 Ohio St.3d 288.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.