[usmcman]

I was seeing a woman who was seperated from her husband and then went back to him BIG mistake I know thing is she had a baby and I know its mine. I ask her if it was she said no My best friend dates her sister and I have got to see the child when the aunt has her and brings her over even the aunt says she knows its my daughter. So when ever I saw her I would call myself Daddy to her well her mom found out and cut off all ties even to the aunt and called me and threatened me to get me for stalking and stuff like that she said I was causing trouble in her relationship with her husband they was fighting and that I was hurting her child by calling myself daddy to her but I know Im her dad and my family has seen her they really fell in love with her I told the mom I was going to get a pat test and she said she would leave the state of ohio and that they would sue me me harrassment and trying to interfear with there family life. Well I couldnt afford to get a test or pay support at that time so I joined the USMC to make better money and have something to offer before I filed with the Ohio courts. Now the little girl is 2 1/2 yrs old and does not know who I am and only knows the husband as her dad and that kills me I got close to her and I want her to know me Do I have a chance at getting visitation with her what can I do

[aaron]

This is in Ohio?

[usmcman]

Yes It is well I'm in North Carolina right now but the lady and her family all live in Ohio

[aaron]

(A) A man is presumed to be the natural father of a child under any of the following circumstances:

(1) The man and the child's mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child's mother separate pursuant to a separation agreement.

(2) The man and the child's mother attempted, before the child's birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, the marriage is or could be declared invalid, and either of the following applies:

(a) The marriage can only be declared invalid by a court and the child is born during the marriage or within three hundred days after the termination of the marriage by death, annulment, divorce, or dissolution;

(b) The attempted marriage is invalid without a court order and the child is born within three hundred days after the termination of cohabitation.(3) An acknowledgment of paternity has been filed pursuant to section 3111.23 or former section 5101.314 [5101.31.4] of the Revised Code and has not become final under former section 3111.211 [3111.21.1] or 5101.314 [5101.31.4] or section 2151.232 [2151.23.2], 3111.25, or 3111.821 [3111.82.1] of the Revised Code.

(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing, except that a presumption that is conclusive as provided in division (A) of section 3111.95 of the Revised Code cannot be rebutted. An acknowledgment of paternity that becomes final under section 2151.232 [2151.23.2], 3111.25, or 3111.821 [3111.82.1] of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 [3119.96.2] of the Revised Code. If two or more conflicting presumptions arise under this section, the court shall determine, based upon logic and policy considerations, which presumption controls.

(C)

(1) Except as provided in division (C)(2) of this section, a presumption of paternity that arose pursuant to this section prior to the effective date of this amendment shall remain valid on and after that date unless rebutted pursuant to division (B) of this section. This division does not apply to a determination described in division (B)(3) of this section as division (B)(3) of this section existed prior to the effective date of this amendment.

(2) A presumption of paternity that arose prior to the effective date of this amendment based on an acknowledgment of paternity that became final under former section 3111.211 [3111.21.1] or 5101.314 [5101.31.4] or section 2151.232 [2151.23.2] of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 [3119.96.2] of the Revised Code.

While that statute suggests that paternity may be rebutted by DNA evidence, there is Ohio case law suggesting that the statute must be applied in light of Troxel v Granville, a U.S. Supreme Court case which limited when a third party can seek to interfere in an intact family. It seems that cornerstone of that decision is to require that the third party have a pre-existing relationship with the child. I suggest that you discuss the full facts of your situation with an Ohio lawyer, and decide how to proceed.

[usmcman]

I'm sorry I just dont understand what that means I mean I did get to know her I just couldnt afford child support payments or attorney fees or I would have made her let me get a dna workup before but now I have the money I want to get one now I know she moved but I think she still lives in Ohio and I know what school her older kids went to so I can find her I just want to know if a judge will make her get tested she just said she would tell the judge that 1 she never had a relationship with me and 2 bring up things in the past like an old restraining order she had on me and 3 she would get another to make me leave her and her family alone she said she knew what was best for her kid and that I had no say so but I can see myself in that kids face and it bothers me that her husband gets to be the dad and I dont Her sister had said that she said that if I would have wanted to know anything about her child I would have started way back when I knew she was pregnant but thing is I just didnt have any money and they did