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 you are presumed to be the Father of the Child if you are married to the Mother. The presumption can be rebutted by clear and convincing evidence. Because of the presumption, she can name you on the birth certificate.An action to determine Paternity can be filed before a child is born in Ohio. If the action to determine Paternity is contested, the Court will stay the proceeding until the child is born except for service of process and taking depositions.
The person who is the Father can be declared the Father by him signing an acknowledgment of Paternity or in a Paternity action.
The Paternity of the Child can also be included in a Divorce proceeding and you can also join the alleged Father as a Party to that proceeding. The Court can then determine who is the Father.
References:
In re S.K.L., 39 N.E.3d 825, 2015-Ohio-2860 (Ohio App. 8 Dist. 2015)
Crago v. Kinzie, 733 N.E.2d 1219, 106 Ohio Misc.2d 51, 2000-Ohio-245 (Ohio Comm. 2000)
Deborah L. Slavin v. Thomas P. Slavin, 85-LW-1391, 49087 image description
Riddle v. Riddle, 619 N.E.2d 1201, 63 Ohio Misc.2d 43 (Ohio Com.Pl. 1992)
Hulett v. Hulett, 544 N.E.2d 257, 45 Ohio St.3d 288 (Ohio 1989)
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.
