Acceptance of Paternity - but Not the Father

[paternityissues]

My question involves paternity law for the State of: Ohio

Ok, basics of the story.. My ex fathered my first child. We split up for a few months, I had a one night stand with a guy whom I dont even remember his name. (Bad choice I know!). My ex and I got back together because he found out about the one night stand, and within a month I found out I was pregnant. He knew the baby might not be his. He was ok with that. When she was 6 months old, I left him for the final time. We were never married. There is no visitation order. I went after child support and he signed the paternity papers and was ordered to pay support for both kids without ever taking the actual test. Its now been 10 years. I am married (for 8 years). My ex doesnt pay child support. Hasnt in years! Actually has an arrest warrant for child support on another case where he fathered 2 children with another woman. I have not pushed the support issue because I just want him out of my childrens lives. Hes become physically abusive and is an alcoholic now. Theres no way he would ever agree to sign the girls off to my husband (who has already tried to adopt them without consent to no avail). He says his goal is to have 10 children! My oldest is 14 and has contact with him about once a year (only to stop the adoption) The daughter that is in question with paternity hasnt seen or had contact with him in 3 1/2 years and she wants nothing to do with him. She has told me numerous times she wishes that my husband was her real father.
Anyway, my question is...Is there anything I can do if I can prove that she is not his child? Can I have her birth certificate changed and his rights stopped if I have a DNA test done? I know he cant because to much time has passed but am I legally able to?

[Mr. Knowitall]

You both engaged in fraud in relation to the paternity, and you've let that sit for a decade. You also claim not to know who the actual father is. None of that weighs in favor of trying to convince a court to reopen your voluntary declaration of paternity. Assuming your ex- was an adult at the time he signed the affidavit, I don't think he presently has a mechanism to challenge it, having waited this long. You or he can consult a lawyer to see if there's a way not immediately apparent from the statutes.

Talk to your husband about adopting the children you had with your ex-, and see if your ex- will consent to the adoption.

[paternityissues]

ex wont allow my husband to adopt. As I said...his goal is to have 10 children and he doesnt see anything wrong with not supporting those children either financially or emotionally. This guy is a real jerk! (hes on child number 6 as we speak!)

And as far as fraud. I wouldnt go that far. I do not know if he is the bio father or not. He chose to sign without the test because he didnt want to pay for it if it came back that she was his. The lady at the county court office asked if there was any possibility and I said yes and explained what happened. She allowed him to sign without the test. Its not like we ever collected any welfare or anything because hes a dead beat. I just want to know if theres anything legally that I can do NOW..a decade later.