Full question:
My ex-husband and I have been divorced for 13 years. We have a 17 year old daughter. We were married when I was 4 months pregnant. We both knew she might not be his, but he said it didn't matter and signed the birth certificate. When she was 12, I had a paternity test done with the other man who could have been the father. The test indicated that he was her father. My ex-husband still maintains that he is my daughter’s father. Now we are going to court with regard to our other daughter. He is trying to bring to the court’s attention that our 17 year old is not his for purposes of child support. Can he do this?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Ohio
Answer:
In Ohio, when a woman is married at the time of a child's birth, her husband is legally presumed to be the father. This means that if a husband acknowledges paternity by signing the birth certificate, he has a legal obligation to pay child support, regardless of biological paternity.
Since your ex-husband signed the birth certificate and has acted as the father, he is still considered the legal father under Ohio law. Therefore, he cannot contest his paternity for child support purposes.
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.
