Re: How Can We Establish Paternity when Birth Mom is Unwilling
You can file with the courts to establish paternity.
1: Can we be proactive and request paternity even if she's unwilling?
file a suit to establish paternity in the Ohio courts. Not sure which court it is in Ohio but I would start with anything called a "Family Court" and if none, possibly the Probate Courts.
I should have said the before; WE can't do anything. Anything that is done is by the possible father. so no, you cannot sue for custody and you (personally) are and always will be a legal stranger to the child so you will have no rights in this regardless the outcome. IF your BF is determined to be the father, yes, he could attempt to gain custody (considering he was waited 9 years to take action, it won't look good for him).
3: Can we file for custody?
I do not have that answer
4: Can she pursue back pay for child support if it is found fiancee is the father even after she lied about his being the father?
well, you have given no reason to believe the possibility of your BF being the father is based on any current situation so yes, him simply waiting 9 years to attempt to determine paternity may very well be looked at with suspicion.
5: Will my fiancee be seen unfavorably by the court for believing this female when she swore the child was not his?
Lock your doors maybe?
6: How can we protect ourselves from physical harm and backlash if we request this?
After all that, the question is:
WHY? why now? He has had 9 years to demand a test. He refused. Jumping into the child's life now will not be easy and could be traumatic to the child and cause all sorts of problems.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.