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  1. #1
    Join Date
    Apr 2015
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    Akron, Ohio, United States
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    2

    Default Disputing Paternity to Avoid Paying Child Support

    My question involves paternity law for the State of: Ohio

    Here is the situation. My husband (of 25 years) had an affair 13 years ago and the woman became pregnant claiming it was my husband's child. My husband believed the child was his until she was born... at that point there was some doubt. (Both he and the woman have brown eyes.. the child has blue eyes..much like another fellow that was staying at the woman's house at the time). But my husband signed the BC anyway so he could have some control over the child's welfare (in case she WAS his). The woman agreed to NOT to pursue child support if HE did not pursue paternity.. until now. We honestly cannot afford 13 years of back and future child support .. especially if the child is Not his. CAN he demand a paternity test? And if it is proven he is NOT the bio father.. can he remove his name from the BC and avoid going to court for Child support?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Removing Non-Biological Father's Name from Bc. Avoiding Child Support

    you don't sign birth certificates. He may have signed an acknowledgment of paternity or whatever Ohio calls it. If so, he would be put on the BC as the father.


    sorry but 13 years after the fact he is not going to be able to change anything.

  3. #3
    Join Date
    Apr 2015
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    Akron, Ohio, United States
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    2

    Default Re: Removing Non-Biological Father's Name from Bc. Avoiding Child Support

    OK. So even if a paternity test proves he's not the father.. and the mother likely knew he was not the father from the start (he was the one with a job at the time.. the "other guy" was a lowlife unemployed live-in) .. legally he cannot contest owing child support?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Removing Non-Biological Father's Name from Bc. Avoiding Child Support

    He chose to sign an affidavit stating that he was the father. He chose not to set aside the affidavit during the rescission period, even though he knew the color of the child's eyes. He has chosen to take no action of any sort for the subsequent thirteen years. Choices have consequences.
    Quote Quoting O.R.C. Sec. 3111.28. Action rescinding acknowledgment.
    After an acknowledgment becomes final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code, a man presumed to be the father of the child pursuant to section 3111.03 of the Revised Code who did not sign the acknowledgment, either person who signed the acknowledgment, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. The court shall treat the action as an action to determine the existence or nonexistence of a parent and child relationship pursuant to sections 3111.01 to 3111.18 of the Revised Code. An action pursuant to this section shall be brought no later than one year after the acknowledgment becomes final. The action may be brought in one of the following courts in the county in which the child, the guardian or custodian of the child, or either person who signed the acknowledgment resides: the juvenile court or the domestic relations division of the court of common pleas that has jurisdiction pursuant to section 2101.022 or 2301.03 of the Revised Code to hear and determine cases arising under Chapter 3111. of the Revised Code.

  5. #5
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Disputing Paternity to Avoid Paying Child Support

    Quote Quoting Bekah
    View Post
    My question involves paternity law for the State of: Ohio

    Here is the situation. My husband (of 25 years) had an affair 13 years ago and the woman became pregnant claiming it was my husband's child. My husband believed the child was his until she was born... at that point there was some doubt. (Both he and the woman have brown eyes.. the child has blue eyes..much like another fellow that was staying at the woman's house at the time). But my husband signed the BC anyway so he could have some control over the child's welfare (in case she WAS his). The woman agreed to NOT to pursue child support if HE did not pursue paternity.. until now. We honestly cannot afford 13 years of back and future child support .. especially if the child is Not his. CAN he demand a paternity test? And if it is proven he is NOT the bio father.. can he remove his name from the BC and avoid going to court for Child support?
    Both my parents have brown eyes. Of my multiple sibs, one has blue eyes, the rest brown eyes. Genetically, it is possible for two brown-eyed people to have a blue-eyed child. So, that blows THAT little theory straight out of the water....

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Disputing Paternity to Avoid Paying Child Support

    BTW... like was just mentioned, blue eyes come from a recessive gene. It's darn possible that brown eyed people have blue, green or grey eyed children. Science works like that.

  7. #7
    Join Date
    Nov 2013
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    in alto mare
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    1,123

    Default Re: Disputing Paternity to Avoid Paying Child Support

    I was watching a documentary the other day and the featured person was a man with one brown eye and one blue eye. American mom of European descent and Pakistani father.

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Disputing Paternity to Avoid Paying Child Support

    How about the recent story of the one white twin with straight red hair and her black twin sister with brown curly hair??

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Disputing Paternity to Avoid Paying Child Support

    If both adults had blue eyes and the child brown, you might have an argument, since two blue eyed people cannot produce a brown eyed child. But two brown eyed adults most certainly can produce a blue eyed child. Seen it in my own family. More than once.

  10. #10
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Disputing Paternity to Avoid Paying Child Support

    Quote Quoting CourtClerk
    View Post
    How about the recent story of the one white twin with straight red hair and her black twin sister with brown curly hair??
    I heard about that, amazing.

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