Can My Daughter Get Death Benefits if I Die and I Am Not on Birth Certificate

My question involves name change laws in the State of: Ohio

I am trying to get named changed but I have been informed I have to move to Ohio to have it done. I live in Texas with my wife, 2 girls and step daughter. The Question Is...Is there any way to do this without having to move my family Ohio???? Since the mother is not agreeing to putting me on birth certificate. She is also not agreeing to giving me any parenting rights. I have started the motion for the parenting rights but I was told by a friend I could not get name change with/put on birth certificate without moving up to Ohio and because I live in Texas I will not get any rights to her either. Also, I am concerned that if I do not get this done she will not get SSI death benefits ( Since I have Colon Cancer)... Will she get that if it is not established in the system besides through a DNA test and Att General's office for support? I have only meet her once and that was before I filed to find out it she was my kid (mother has sole custody of her). I had to file through state of Texas to even start paying support to my daughter and/or to establish paternity!!! Now I am having to try and get the ball rolling on everything else. Please anyone who may know any advise about this please let me know!

Your friend couldn't be more wrong. You can (and should) absolutely file for parenting rights (and to establish paternity). You absolutely DO NOT need to move to Ohio.

I have already Established paternity!!! I am concerned that she will not get death benefits if I do not die! The Mother doesnt want to put me on her birth certificate!!! I am also being told I have to move up there to get it done.

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Typo Colon Cancer!!!!

Okay - so paternity is established? If that's the case, it will be up to Mom to file for dependent benefits. You can't force the issue while you're still alive, though you CAN file to be added to the birth certificate. Again, you don't have to move to get that done.

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(Who is telling you this crap, anyway? I'm sorry - but you're being COMPLETELY misled!)

The Franklin County Court system is

..is...doing what? Telling you WHAT exactly?

That I have to move up there for 1 yr in order to file to have myself placed on the birth certificate/name change!

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To get parenting rights I have been informed I can do without moving but to have my name on birth certificate I have to move to Ohio live there for a 1yr then file to have name change and wait 45 days to go to court so the judge can decide since the mother doesnt want to do it

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the mother says I cant get shared parenting cause I abandoned her but how did I do that if I didnt know she was mine and every time I tried to get a DNA done she refused to do so. I went and meet the kid and decided to take it to the Texas Att. General and did what was right in my eyes. But Now she is saying I abandonment laws will keep me from seeing her ever and she is sole rights. She will not talk to me since this. Changed Number, deactivated her emails/social networks and moved from address ( by new person living there letter returning gift's with a note).

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Quoting lheard56

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That I have to move up there for 1 yr in order to file to have myself placed on the birth certificate/name change!

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This is absolutely 100% FALSE.

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To get parenting rights I have been informed I can do without moving but to have my name on birth certificate I have to move to Ohio live there for a 1yr then file to have name change and wait 45 days to go to court so the judge can decide since the mother doesnt want to do it

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Again, 100% FALSE.

Who were you SPEAKING to at the court?

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the mother says I cant get shared parenting cause I abandoned her but how did I do that if I didnt know she was mine and every time I tried to get a DNA done she refused to do so. I went and meet the kid and decided to take it to the Texas Att. General and did what was right in my eyes. But Now she is saying I abandonment laws will keep me from seeing her ever and she is sole rights. She will not talk to me since this. Changed Number, deactivated her emails/social networks and moved from address ( by new person living there letter returning gift's with a note).

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STOP LISTENING TO YOUR EX!

And seriously - who are you talking to in Ohio? Because something is gravely amiss.

This is what my friend who works up there in the Franklin County Courts has told me would be the hold up on it! I really cant just move and leave my oldest daughter for a yr...so trying to find out is this the case! If not what to do?????????? Any advise Please Help me

(Let me put this another way - the court can't legally tell you anything... now ask me why ;) )

Plus my wife can not move out of texas without a legal battle with her xhusband

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Quoting lheard56

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This is what my friend who works up there in the Franklin County Courts has told me would be the hold up on it! I really cant just move and leave my oldest daughter for a yr...so trying to find out is this the case! If not what to do?????????? Any advise Please Help me

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PM me her name. She's not only no friend of yours, she's feeding you a pile of BS.

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And suddenly, this is sounding terribly familiar. I wonder why that is?

why?

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Quoting lheard56

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Plus my wife can not move out of texas without a legal battle with her xhusband

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Oh, you wife can move. It's the kids who can't move.

yes and she isnt going to leave her daughter behide..but And suddenly, this is sounding terribly familiar. I wonder why that is?

Because the situation is very oddly familiar to me - with both states, too.

That aside, it shouldn't be your concern. Stop listening to whatever idiot friend you have in Ohio (because s/he is plainly not qualified to tell you to do anything other than talk to an attorney - s/he obviously knows jack about Ohio and/or Texas law).

Okay not listening to friend anymore..

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Texas doesnt have jurisdiction over my daughter up in Ohio do they

Where was paternity established?

Through Texas Att General working with Ohio
Texas sent and served her for DNA testing
Then she was court ordered to show for DNA testing because she tried to avoid it
Texas established DNA Testing
And paternity they also filed court order for child support which I wanted if she was my daughter.

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but now I am stuck trying to find out how to do this name change/ put my name on BC

I will refer you to the following ORC for a clerk to file an amendment to a birth cert, based on a court order and a sample motion, for Wayne County Ohio seeking court ordered amendment. Your problem appears to be Franklin county does require you have been a resident for 12 months before making a motion for a name change. Birth certificate amendment is not spelled out so clearly, which may be to your advantage as it appears to be your intent. If she has moved to another county. it MIGHT be possible to file a motion there if local court rules are different.
http://www.franklincountyohio.gov/pr..._of_Correction

http://www.franklincountyohio.gov/pr...ame_change.cfm

http://codes.ohio.gov/orc/3705.13

http://www.wayneprobateandjuvenile.o...orm%2017.0.pdf

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Quoting lheard56

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Through Texas Att General working with Ohio
Texas sent and served her for DNA testing
Then she was court ordered to show for DNA testing because she tried to avoid it
Texas established DNA Testing
And paternity they also filed court order for child support which I wanted if she was my daughter.

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but now I am stuck trying to find out how to do this name change/ put my name on BC

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Should we infer from that, that mom sought a child support order in Ohio, the Ohio system sought DNA testing through Texas due to the fact that you were domiciled in that state, you provided a DNA sample, your paternity was confirmed, and the Ohio court then issued a paternity judgment and support order?

If not, tell us exactly what happened, and both where and when it happened.