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Actually wanting to be the father

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deadmouse

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

" For one, there is some question whether
parentage of Alexis was ever properly raised in this action via a motion for relief from
paternity under R.C. 3119.961, and thus whether the court considered the requisite
conditions and bars to relief under R.C. 3119.962"

what is he talking about ? what motion for relief from paternity under 3119.961?
 


CTU

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

" For one, there is some question whether
parentage of Alexis was ever properly raised in this action via a motion for relief from
paternity under R.C. 3119.961, and thus whether the court considered the requisite
conditions and bars to relief under R.C. 3119.962"

what is he talking about ? what motion for relief from paternity under 3119.961?
What is WHO talking about? Who are YOU and what's YOUR legal question?
 

stealth2

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

" For one, there is some question whether
parentage of Alexis was ever properly raised in this action via a motion for relief from
paternity under R.C. 3119.961, and thus whether the court considered the requisite
conditions and bars to relief under R.C. 3119.962"

what is he talking about ? what motion for relief from paternity under 3119.961?
Without the context, no one can provide any useful input.
 

deadmouse

Member
What is WHO talking about? Who are YOU and what's YOUR legal question?
" For one, there is some question whether
parentage of Alexis was ever properly raised in this action via a motion for relief from
paternity under R.C. 3119.961, and thus whether the court considered the requisite
conditions and bars to relief under R.C. 3119.962"

when he said "parentage of Alexis was ever properly raised in this action via a motion for relief from
paternity" what is the actual name of the motion or is it just a "motion for relief", what defect was caused by not filing the motion for relief ?




this is my case,
background :
i brought up the issue about disestablishing paternity..
so far in all my appeals they say :
statutes of limitations do not apply in 3111.27,3111.28..the female can use 3119.961 pass those limits
and say they do not have to obey 3119.962 (A)(1)(a) when a dna test is taken no more than 6 months later a motion for relief must be filed,in my case they waited 10 months to do so

3119.962(B) all area's (1)(2)(3) was ignored also
 

stealth2

Under the Radar Member
mousie - how about you tell us what the situation is, without the legalese of the judge's ruling. THAT is the context we're looking for.
 

deadmouse

Member
mousie - how about you tell us what the situation is, without the legalese of the judge's ruling. THAT is the context we're looking for.
1st u called me mousie,that is actually my nick name..:)

second..
i been fighting tooth and nail to keep a child i raised for 9 years
the problem is everything i throw at the court for being wrong is being shot down in appeals although the laws say different...

i am trying to decipher what the judge is talking about "properly raised" see..

i went to court for a motion i filed...in temporary orders
the x comes out 9 years later with genetic testing from nowhere right after asking for child support including child support for the child in question(The court said no) stating : i think this other guy is the dad,we had sex years ago i want dna testing..

no motion,no warning or anything...mind you she filed over and over again i was the biological father...

i was told i have no choice but to under go dna testing or i would loose divorce and temporary orders,i did and found i was not the dad,we talked before about her,i said i think she may be "Thomas's" and she told me,well you signed the acknowledgement and it's final now

the court never said anything about dna and there was not a order to disestablish paternity..until the divorce,this guy was allowed to join with out any warnings and clam the oldest child Evelyn and the court said "okay" and disestablished my paternity

i'm trying to find out if there was a Major Error that can stop the courts in their tracks...

i mean..i spent 9 years looking into her eyes telling her i loved her,walking around showing her off,fixing "bew bew's" toys,ect

i'm pro-se,have mental health issues & the courts treated me incompetent ,although,the court never ordered us to undergo a physiological evaluation...

i miss my kids badly...and been basically killed to the oldest

sorry...that is the best i can explain it :(

i don't care about the divorce,the custody i am going to court for on nov 15,i want my kid back along with the other 3...
 
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stealth2

Under the Radar Member
The father is allowed to establish paternity at this point in time. Sorry. But she's not your child.
 

CTU

Meddlesome Priestess
1st u called me mousie,that is actually my nick name..:)

second..
i been fighting tooth and nail to keep a child i raised for 9 years
the problem is everything i throw at the court for being wrong is being shot down in appeals although the laws say different...

i am trying to decipher what the judge is talking about "properly raised" see..

i went to court for a motion i filed...in temporary orders
the x comes out 9 years later with genetic testing from nowhere right after asking for child support including child support for the child in question(The court said no) stating : i think this other guy is the dad,we had sex years ago i want dna testing..

no motion,no warning or anything...mind you she filed over and over again i was the biological father...

i was told i have no choice but to under go dna testing or i would loose divorce and temporary orders,i did and found i was not the dad,we talked before about her,i said i think she may be "Thomas's" and she told me,well you signed the acknowledgement and it's final now

the court never said anything about dna and there was not a order to disestablish paternity..until the divorce,this guy was allowed to join with out any warnings and clam the oldest child Evelyn and the court said "okay" and disestablished my paternity

i'm trying to find out if there was a Major Error that can stop the courts in their tracks...

i mean..i spent 9 years looking into her eyes telling her i loved her,walking around showing her off,fixing "bew bew's" toys,ect

i'm pro-se,have mental health issues & the courts treated me incompetent ,although,the court never ordered us to undergo a physiological evaluation...

i miss my kids badly...and been basically killed to the oldest

sorry...that is the best i can explain it :(

i don't care about the divorce,the custody i am going to court for on nov 15,i want my kid back along with the other 3...
Non-legal response:

If what you're saying is accurate, this is a truly sad state of affairs. A 9 year old child has had her father taken away to be replaced by ... someone else. The court allowed the biological father to step up, apparently, and while he and his child do have the right to know each other it seems that the only real "winner" here is Mom. Looks like she got what she wanted, right?

Very sad.

ETA: WAIT. The child's paternity has been disestablished, yes ... but would OP have any chance at getting visitation based on being a psychological parent (or whatever it is Ohio calls it - OG, where are you?!)?
 
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Ohiogal

Queen Bee
" For one, there is some question whether
parentage of Alexis was ever properly raised in this action via a motion for relief from
paternity under R.C. 3119.961, and thus whether the court considered the requisite
conditions and bars to relief under R.C. 3119.962"

when he said "parentage of Alexis was ever properly raised in this action via a motion for relief from
paternity" what is the actual name of the motion or is it just a "motion for relief", what defect was caused by not filing the motion for relief ?




this is my case,
background :
i brought up the issue about disestablishing paternity..
so far in all my appeals they say :
statutes of limitations do not apply in 3111.27,3111.28..the female can use 3119.961 pass those limits
and say they do not have to obey 3119.962 (A)(1)(a) when a dna test is taken no more than 6 months later a motion for relief must be filed,in my case they waited 10 months to do so

3119.962(B) all area's (1)(2)(3) was ignored also
That case you quoted was in regards to a CPS case. So what are the FACTS of your case? Was it a CPS case?
 

Ohiogal

Queen Bee
Non-legal response:

If what you're saying is accurate, this is a truly sad state of affairs. A 9 year old child has had her father taken away to be replaced by ... someone else. The court allowed the biological father to step up, apparently, and while he and his child do have the right to know each other it seems that the only real "winner" here is Mom. Looks like she got what she wanted, right?

Very sad.

ETA: WAIT. The child's paternity has been disestablished, yes ... but would OP have any chance at getting visitation based on being a psychological parent (or whatever it is Ohio calls it - OG, where are you?!)?
He might get visitation during the divorce However he is not going to keep paternity as the case he quoted as nothing to do with anything.

And, yeah, I was gone for the weekend. Sorry for taking a breather to the real world.
 

Ohiogal

Queen Bee
where did the updated explanation go?




psychological parent..companionship rights?is that what you are talking about?


I'm Sorry I Made A Critical Error Explaining :
Keith = Guy She claimed she slept with...
Thomas = the guy from 2004... in the divorce he was not brought up

ok...here is round two :) :

biological father? Keith didn't show any dna results to show Keith was The biological father...
in fact dna test was only done on me and not Keith...Keith Refused to get a dna test to show he was the biological father..
Keith nor the plaintiff tried to establish Keith paternity after dna testing done on only me.
In fact there was never a "order to disestablish paternity" as recognized by the trial court.

Keith joined 10 months later at the divorce hearing UN-announced as a ...joinder(?) or intervener(?) Or Joiner(?)...something like that..alls i know it no motions of joinder/Joiner/intervene was filed nothing.

(As far as Thomas the plaintiff refused to bring him into it although he was mentioned in another case as a possible father in juvenile)

that is why i question that area of the appeals... like judge Connor said :
" For one, there is some question whether parentage of Alexis was ever properly raised in this action via a motion for relief from paternity under R.C. 3119.961, and thus whether the court considered the requisite conditions and bars to relief under R.C. 3119.962"

is he stating that the court didn't have some kind of jurisdiction? or ability to decide
I can't find a motion he is referring to...i did find a “Complaint to un-establish the Father-child Relationship” Found At :
http://fclawlib.libguides.com/ld.php?content_id=8142977
but I don't understand how this effected the trial court....or if this is the motion he talks about...
or if the other guy should have been joined then by a motion to join,joinder,intervean...for some reason he thinks there is a good reason.





From the results of this case the following has happened :
i get reports from everyone the Oldest child go's over other peoples houses and will just stair at pictures of me..and her face will go from smiles to tears...not only was it crushing for me but also her..

sorry if i am being annoying laws are not my area of life,being a dad and messing with computers and consoles was my thing...
i have not been able to have visits with any child since 2013,NO court will enforce them...I Filed contempt and always get told "she didn't contempt for failure to bring the children" I Pretty much gave up on her ever being in contempt. hell..its what 2016,i call to get voice mail and that is it
You need an attorney if you want to raise an appeal. You apparently don't understand the law (that case you quoted was regarding CPS not divorce). You need counsel. QUICKLY!
 

CTU

Meddlesome Priestess
He might get visitation during the divorce However he is not going to keep paternity as the case he quoted as nothing to do with anything.

And, yeah, I was gone for the weekend. Sorry for taking a breather to the real world.
(sometimes, the real world gets in the way :p )

In all honesty, I'm not entirely sure what happened with this OP; is the case he quoted from not actually his case? :confused:
 

Silverplum

Senior Member
i am sorry but you answer was in a small font,i did not see it

Not a CPS(Children service case)

this was a divorce and custody case

Sorry reviewing all answers here...
Please hire an attorney.

You say you work with computers: what you are doing/trying to do with your case is the legal equivalent of me bashing my laptop with a sledgehammer, and then pouring honey on the keys.

At some point, you can mess up beyond fixing. Please hire an attorney.
 
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