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  1. #1
    nuggetsdad is offline Junior Member
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    Paternity establishment in Ohio

    What is the name of your state (only U.S. law)? Ohio

    So I have a situation where I am currently dating a woman who is technically still married. She is starting the proccess of the divorce/dissolution paperwork (she told him previously but due to medical issues and a hope for an amicable split they held off on the official papers). Where the line has now become blurry and where our questions lie, is in the fact that she is now pregnant. There is no question that it is mine and not her husband's. We have been to talk to a few lawyers just to try to get a feel about things like spousal support, housing, etc. We are aware that in Ohio the seperation can not occur until after the child's birth and establishment of paternity. Here is however where our questions come into play...One lawyer (who I think we will end up going with) told us that 1.)there is an affadavit that we would both sign at the hospital which would put my name on the birth certificate and would in essence establish that I am the biological father and 2.) In the final seperation agreement I have to take part and (in so may words) sign off on the papers that I am accepting the paternity, thus making myself a third party and ultimately costing extra in the fees.

    Another lawyer told us that there was no such thing as a third party in a dissolution/divorce and that we had been misled. He also said that the affadavit will make no difference and that a paternity test was needed for the courts to accept that the husband was not the father.

    I was hoping that someone could give me a third opinion on who is right here. Is the affadavit an option (and can we do it early to speed things up on the diss/div)? and is there presidence for the "third party"?What is the name of your state (only U.S. law)?
  2. #2
    Perky is offline Senior Member
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    Quote Originally Posted by nuggetsdad View Post
    What is the name of your state (only U.S. law)? Ohio

    So I have a situation where I am currently dating a woman who is technically still married. She is starting the proccess of the divorce/dissolution paperwork (she told him previously but due to medical issues and a hope for an amicable split they held off on the official papers). Where the line has now become blurry and where our questions lie, is in the fact that she is now pregnant. There is no question that it is mine and not her husband's. We have been to talk to a few lawyers just to try to get a feel about things like spousal support, housing, etc. We are aware that in Ohio the seperation can not occur until after the child's birth and establishment of paternity. Here is however where our questions come into play...One lawyer (who I think we will end up going with) told us that 1.)there is an affadavit that we would both sign at the hospital which would put my name on the birth certificate and would in essence establish that I am the biological father and 2.) In the final seperation agreement I have to take part and (in so may words) sign off on the papers that I am accepting the paternity, thus making myself a third party and ultimately costing extra in the fees.

    Another lawyer told us that there was no such thing as a third party in a dissolution/divorce and that we had been misled. He also said that the affadavit will make no difference and that a paternity test was needed for the courts to accept that the husband was not the father.

    I was hoping that someone could give me a third opinion on who is right here. Is the affadavit an option (and can we do it early to speed things up on the diss/div)? and is there presidence for the "third party"?What is the name of your state (only U.S. law)?
    The affidavit can only be signed under the following conditions if the mother is married:
    [url=http://www.oh-paternity.com/faqs.htm#igad]Frequently Asked Questions[/url] (linked from ODJFS)
    I'm getting a divorce. My husband is not the father of my child, so why is the hospital telling me I have to put his name on the birth certificate? The real father is here and he wants to be on the birth certificate.

    In Ohio, if a woman is married at the time of birth or at any time during the 300 days prior to birth, the husband is considered to be the legal father of the child. The hospital may not put the "real"/biological father's name on the birth certificate.

    However, if the mother got divorced during her pregnancy, and the divorce decree states that the husband is not the father of the child, the mother should provide the hospital with a copy of the finalized divorce decree at the time of her child's birth. The mother and the biological father may then complete an Acknowledgment of Paternity Affidavit at the hospital if they wish.
    So, if she can get a divorce while pregnant, you can sign at the hospital. Otherwise, you'll have to wait.
  3. #3
    Ohiogal is offline Senior Member
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    Quote Originally Posted by nuggetsdad View Post
    What is the name of your state (only U.S. law)? Ohio

    So I have a situation where I am currently dating a woman who is technically still married. She is starting the proccess of the divorce/dissolution paperwork (she told him previously but due to medical issues and a hope for an amicable split they held off on the official papers). Where the line has now become blurry and where our questions lie, is in the fact that she is now pregnant. There is no question that it is mine and not her husband's. We have been to talk to a few lawyers just to try to get a feel about things like spousal support, housing, etc. We are aware that in Ohio the seperation can not occur until after the child's birth and establishment of paternity. Here is however where our questions come into play...One lawyer (who I think we will end up going with) told us that 1.)there is an affadavit that we would both sign at the hospital which would put my name on the birth certificate and would in essence establish that I am the biological father and 2.) In the final seperation agreement I have to take part and (in so may words) sign off on the papers that I am accepting the paternity, thus making myself a third party and ultimately costing extra in the fees.

    Another lawyer told us that there was no such thing as a third party in a dissolution/divorce and that we had been misled. He also said that the affadavit will make no difference and that a paternity test was needed for the courts to accept that the husband was not the father.

    I was hoping that someone could give me a third opinion on who is right here. Is the affadavit an option (and can we do it early to speed things up on the diss/div)? and is there presidence for the "third party"?What is the name of your state (only U.S. law)?
    Hospitals in Ohio per law have to put hubby's name on the birth certificate. You cannot sign the AOP. I have done divorces where I have brought third parties into it -- named them in the caption and the whole bit -- and it can be done. Your girlfriend can file for divorce and you can file to intervene in her divorce by establishing paternity of the child that is hers. So yes it is possible to have a third party divorce.

    However the hospital knowing she is married is NOT allowed to have you sign the AOP. You would have to join the divorce and petition for a paternity test. When all that is done she will be granted a divorce, paternity will be established and you will go from there.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by perroloco2 View Post
    The affidavit can only be signed under the following conditions if the mother is married:


    So, if she can get a divorce while pregnant, you can sign at the hospital. Otherwise, you'll have to wait.
    She cannot get a divorce while pregnant unless she commits fraud.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    nuggetsdad is offline Junior Member
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    Thanks for the input guys...we are trying to find the easiest way to do this.

    Now, is it law that a paternity test be done if all partys agree that the child is not the husband's? and do I have to do a paternity test in order to in the future change the birth certificate (if possible) to my name?

    I am going with the conclusion that the husband's name will be put on the birth certificate and that the divorce will be concluded with the child's birth...

    Thanks alot again guys
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by nuggetsdad View Post
    Thanks for the input guys...we are trying to find the easiest way to do this.

    Now, is it law that a paternity test be done if all partys agree that the child is not the husband's? and do I have to do a paternity test in order to in the future change the birth certificate (if possible) to my name?

    I am going with the conclusion that the husband's name will be put on the birth certificate and that the divorce will be concluded with the child's birth...

    Thanks alot again guys

    YOu can declare in court under oath that you are the child's father and by a propensity of the evidence the court can declare you daddy. Especially if mom and hubby testify that hubby is not the father and you are. And i fyou are a party, the court can order the birth certificate changed as well.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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