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  1. #1
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    Default Disestablish Paternity After a DNA Test when the Husband Signed a Birth Certificate

    My question involves paternity law for the State of: Ohio

    Someone I know signed a birth certificate when a child was born but LATER did a DNA test that shows he was NOT the father. At the time of the child's birth he thought he was the father but subsequently discover he was not. He consequently divorced the mother of the child. He has been paying child support for several years because he was told by Ohio child support enforcement that "because he signed the birth certificate Ohio will not bastardize the child and he is obligated to support this child regardless of the DNA test". This does not seem legal that he is obligated to pay support for a child that is not his. Can he contest the support order and paternity of the child who is now 8 years old?

  2. #2
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    Jul 2018
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    Default Re: Disestablish Paternity After a DNA Test when the Husband Signed a Birth Certifica

    Quote Quoting countygirl
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    Someone I know signed a birth certificate when a child was born but LATER did a DNA test that shows he was NOT the father. At the time of the child's birth he thought he was the father
    How long after the child's birth was the DNA test done?

    Given your statement that he thought he was the father, I assume that he actually had sex with the child's mother around the time of conception (if that wasn't the case, then he couldn't reasonably have thought he was the father). If he did have sex with the mother, was he aware that the mother had other sexual partners around the time of conception? If he was so aware, why did he sign the acknowledgment of paternity?


    Quote Quoting countygirl
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    He consequently divorced the mother of the child.
    When did this man and the mother get married? Please provide dates for the following events (month and year will suffice):

    1. Date of child's birth
    2. Date of signing of acknowledgment of paternity
    3. Date of marriage
    4. Date of divorce
    5. Date of DNA test


    Quote Quoting countygirl
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    He has been paying child support for several years because he was told by Ohio child support enforcement that "because he signed the birth certificate Ohio will not bastardize the child and he is obligated to support this child regardless of the DNA test".
    Of course that's what they're going to say because their interest is in ensuring that the child is supported by someone other than the state. When this man and the mother divorced, did he dispute paternity based on the DNA test results? If not, why not?


    Quote Quoting countygirl
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    This does not seem legal that he is obligated to pay support for a child that is not his. Can he contest the support order and paternity of the child who is now 8 years old?
    Why wouldn't it be legal for him to be required to pay child support for a child that he freely acknowledged was his? The acknowledgment of paternity states that the man is acknowledging himself as the biological father and choosing to make himself the child's legal father -- with all of the obligations that come with that. This man could have insisted on a DNA test at the time of the child's birth. That he apparently didn't do so is entirely on him.

    I'm sure there's a period of time after which a paternity acknowledgment can be contested, but I can almost guarantee you that it's nowhere near eight years. Nevertheless, this man can certainly consult with a local family law attorney about this.

  3. #3
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    Default Re: Disestablish Paternity After a DNA Test when the Husband Signed a Birth Certifica

    Quote Quoting countygirl
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    Someone I know signed a birth certificate when a child was born....
    Either he was married to the mother and signed an application for a birth certificate, or he was not married to the mother and signed an affidavit of parentage. (He did not sign a birth certificate.)

    If the former, the issue of child custody and paternity was resolved through the divorce judgment and any subsequent appeals (if taken).

    If the latter, the father had sixty days to rescind the affidavit of parentage from the date he signed it, after which it became final. Once final, he had one year to bring a court action to rescind the affidavit and, having failed to do so, such an action is now time-barred. See O.R.C. Sec. 3111.27, 3111.28.

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