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  1. #1
    gp_ohio is offline Junior Member
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    Ohio Child Support Law for Minor Parents

    What is the name of your state? Ohio

    I have a 16 year old son with a 16 year old girfriend who is pregnant with his child. Her parents want custody so that the child can be put on their health care plan.

    We plan on being active with the child as part of our family as well, but in allowing them to take custody are we giving up all of our rights?

    Also, can they sue me and my wife for child support since my son is a minor?

    Any advice is greatly appreciated.
  2. #2
    Ohiogal is offline Senior Member
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    There is no minor child support law allowing a minor NOT to pay child support. If you are old enough to make a child you are old enough to support said child. Has your son been legally adjudicated the father? has a paternity test been done? In other words is your son the actual father? If not then stop right there and your son should petition at CSEA to get a paternity test and child support order or go through the courts where your son can petition for a paternity test, child support and visitation. He doesnt' get to not pay child support because he had a child while he was under the age of 18. There will be a child support order. End of story. Your son will be responsible for paying it. He will need to get a job unless you as his parents decide to bail him out or are ordered to bail him out.
    [ァ 3109.04.2] ァ 3109.042. Custody rights of unmarried mother.

    An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.



    HISTORY: 147 v H 352. Eff 1-1-98.

    ァ 3109.12. Parenting time, companionship or visitation rights where mother is unmarried.



    (A) If a child is born to an unmarried woman, the parents of the woman and any relative of the woman may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship or visitation rights with the child. If a child is born to an unmarried woman and if the father of the child has acknowledged the child and that acknowledgment has become final pursuant to section 2151.232 [2151.23.2], 3111.25, or 3111.821 [3111.82.1] of the Revised Code or has been determined in an action under Chapter 3111. of the Revised Code to be the father of the child, the father may file a complaint requesting that the court of appropriate jurisdiction of the county in which the child resides grant him reasonable parenting time rights with the child and the parents of the father and any relative of the father may file a complaint requesting that the court grant them reasonable companionship or visitation rights with the child.


    (B) The court may grant the parenting time rights or companionship or visitation rights requested under division (A) of this section, if it determines that the granting of the parenting time rights or companionship or visitation rights is in the best interest of the child. In determining whether to grant reasonable parenting time rights or reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D) of section 3109.051 [3109.05.1] of the Revised Code. Divisions (C), (K), and (L) of section 3109.051 [3109.05.1] of the Revised Code apply to the determination of reasonable parenting time rights or reasonable companionship or visitation rights under this section and to any order granting any such rights that is issued under this section.
    Last edited by Ohiogal; 08-16-2006 at 06:17 PM.
  3. #3
    Ohiogal is offline Senior Member
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    Part Two -- again no minor child support that a minor does not have to pay

    Child support is calculated according to statute.

    3109.05. Child support.


    (A) (1) In a divorce, dissolution of marriage, legal separation, or child support proceeding, the court may order either or both parents to support or help support their children, without regard to marital misconduct. In determining the amount reasonable or necessary for child support, including the medical needs of the child, the court shall comply with Chapter 3119. of the Revised Code.


    (2) The court, in accordance with Chapter 3119. of the Revised Code, shall include in each support order made under this section the requirement that one or both of the parents provide for the health care needs of the child to the satisfaction of the court, and the court shall include in the support order a requirement that all support payments be made through the office of child support in the department of job and family services.


    (3) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code when it makes or modifies an order for child support under this section.



    (B) The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court.


    There is this regarding grandma being able to bring a support action against your son:
    ァ 3109.19. Grandparent who is providing support to child born to unmarried and unemancipated minors may bring parentage or support action.






    (A) As used in this section, "minor" has the same meaning as in section 3107.01 of the Revised Code.





    (B) (1) If a child is born to parents who are unmarried and unemancipated minors, a parent of one of the minors is providing support for the minors' child, and the minors have not signed an acknowledgment of paternity or a parent and child relationship has not been established between the child and the male minor, the parent who is providing support for the child may request a determination of the existence or nonexistence of a parent and child relationship between the child and the male minor pursuant to Chapter 3111. of the Revised Code.





    (2) If a child is born to parents who are unmarried and unemancipated minors, a parent of one of the minors is providing support for the child, and the minors have signed an acknowledgment of paternity that has become final pursuant to section 2151.232 [2151.23.2], 3111.25, or 3111.821 [3111.82.1] of the Revised Code or a parent and child relationship has been established between the child and the male minor pursuant to Chapter 3111. of the Revised Code, the parent who is providing support for the child may file a complaint requesting that the court issue an order or may request the child support enforcement agency of the county in which the child resides to issue an administrative order requiring all of the minors' parents to pay support for the child.





    (C) (1) On receipt of a complaint filed under division (B)(2) of this section, the court shall schedule a hearing to determine, in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code, the amount of child support the minors' parents are required to pay, the method of paying the support, and the method of providing for the child's health care needs. On receipt of a request under division (B)(2) of this section, the agency shall schedule a hearing to determine, in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code, the amount of child support the minors' parents are required to pay, the method of paying the support, and the method of providing for the child's health care needs. At the conclusion of the hearing, the court or agency shall issue an order requiring the payment of support of the child and provision for the child's health care needs. The court or agency shall calculate the child support amount using the income of the minors' parents instead of the income of the minors. If any of the minors' parents are divorced, the court or agency shall calculate the child support as if they were married, and issue a child support order requiring the parents to pay a portion of any support imposed as a separate obligation. If a child support order issued pursuant to section 2151.23, 2151.231 [2151.23.1], 2151.232 [2151.23.2], 3111.13, 3111.81 of the Revised Code requires one of the minors to pay support for the child, the amount the minor is required to pay shall be deducted from any amount that minor's parents are required to pay pursuant to an order issued under this section. The hearing shall be held not later than sixty days after the day the complaint is filed or the request is made nor earlier than thirty days after the court or agency gives the minors' parents notice of the action.





    (2) An order issued by an agency for the payment of child support shall include a notice stating all of the following: that the parents of the minors may object to the order by filing a complaint pursuant to division (B)(2) of this section with the court requesting that the court issue an order requiring the minors' parents to pay support for the child and provide for the child's health care needs; that the complaint may be filed no later than thirty days after the date of the issuance of the agency's order; and that, if none of the parents of the minors file a complaint pursuant to division (B)(2) of this section, the agency's order is final and enforceable by a court and may be modified and enforced only in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code.





    (D) An order issued by a court or agency under this section shall remain in effect, except as modified pursuant to Chapters 3119., 3121., 3123., and 3125. of the Revised Code until the occurrence of any of the following:





    (1) The minor who resides with the parents required to pay support under this section reaches the age of eighteen years, dies, marries, enlists in the armed services, is deported, gains legal or physical custody of the child, or is otherwise emancipated.





    (2) The child who is the subject of the order dies, is adopted, is deported, or is transferred to the legal or physical custody of the minor who lives with the parents required to pay support under this section.





    (3) The minor's parents to whom support is being paid pursuant to this section isナ no longer providing any support for the child.





    (E) The minor's parents to whom support is being paid under a child support order issued by a court or agency pursuant to this section shall notify, and the minor's parents who are paying support may notify the child support enforcement agency of the occurrence of any event described in division (D) of this section. A willful failure to notify the agency as required by this division is contempt of court with respect to a court child support order. Upon receiving notification pursuant to this division, the agency shall comply with sections 3119.90 to 3119.94 of the Revised Code.






    HISTORY: 146 v H 167 (Eff 11-15-95); 147 v H 352 (Eff 1-1-98); 148 v S 180. Eff 3-22-2001.




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  4. #4
    Ohiogal is offline Senior Member
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    I need to quit replying too quick.. I am skipping words in typing. More on Ohio law:
    Read 3109.05 -- the entire section. It deals with grandparents getting custody and control.
    You and your son really need to get to an attorney and talk to said attorney about your son's rights, your responsibilities if sonny boy is the father and doesn't pay child support, and a variety of other issues.
    There is TOO much information that your simple question brings into play and my first post i kept dropping words trying to get it all out there which is misleading. Definitely talk to an attorney in your area. Your child needs to now grow up and be a man and take the test and face the responsibilities of his actions.
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by gp_ohio
    What is the name of your state? Ohio

    I have a 16 year old son with a 16 year old girfriend who is pregnant with his child. Her parents want custody so that the child can be put on their health care plan.

    We plan on being active with the child as part of our family as well, but in allowing them to take custody are we giving up all of our rights?

    Again the questions need answered: is he the LEGAL father? What rights are you talking about? What do you mean by your son giving up custody and control?
    Also, can they sue me and my wife for child support since my son is a minor?

    Any advice is greatly appreciated.
    Read the posts I have given you and you will find out YES they can in certain situations because your child impregnated their child.
  6. #6
    gp_ohio is offline Junior Member
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    Quote Originally Posted by Ohiogal
    Again the questions need answered: is he the LEGAL father? What rights are you talking about? What do you mean by your son giving up custody and control?
    Obviously a paternity test would hold the final answer, but we are all convinced this is the case.

    Her parents want legal custody as guardians turned over to them so that they can add the child as their dependant for insurance coverage. I'm assuming this would mean his girlfriend would be relinquishing parental rights to her parents. Can she do that without some sort of adoption proceedings?
  7. #7
    ceara19 is offline Senior Member
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    Quote Originally Posted by gp_ohio
    Obviously a paternity test would hold the final answer, but we are all convinced this is the case.

    Her parents want legal custody as guardians turned over to them so that they can add the child as their dependant for insurance coverage. I'm assuming this would mean his girlfriend would be relinquishing parental rights to her parents. Can she do that without some sort of adoption proceedings?
    Her parents could have custody without adopting the child. Mom could give HER rights to mom & dad, but that does not prevent your son from obtaining rights through the court. It could be a VERY big mistake for the girl to give her parents legal custody. A few years down the road, when she WANTS custody, they may not want to give the child up. It happens all the time.
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by gp_ohio
    Obviously a paternity test would hold the final answer, but we are all convinced this is the case.

    Her parents want legal custody as guardians turned over to them so that they can add the child as their dependant for insurance coverage. I'm assuming this would mean his girlfriend would be relinquishing parental rights to her parents. Can she do that without some sort of adoption proceedings?
    LISTEN CAREFULLY: LEGALLY HE IS NOT THE FATHER AND HAS NO RIGHTS UNTIL PATERNITY IS ESTABLISHED. Did he sign the affidavit of paternity? If not he is NOT THE FATHER AND A TEST IS GOING TO BE NEEDED. HE WOULD BE STUPID TO WALK INTO COURT AND SAY THAT HE IS DADDY WITHOUT PROOF.

    Good grief.
  9. #9
    Ohiogal is offline Senior Member
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    Quote Originally Posted by ceara19
    Her parents could have custody without adopting the child. Mom could give HER rights to mom & dad, but that does not prevent your son from obtaining rights through the court. It could be a VERY big mistake for the girl to give her parents legal custody. A few years down the road, when she WANTS custody, they may not want to give the child up. It happens all the time.
    Mom doesn't even have to do that -- give them HER rights. Mom can give grandma and grandpa guardianship which would allow them to legally provide for the child without giving them HER rights. Though I agree with everything you say.
  10. #10
    ceara19 is offline Senior Member
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    Quote Originally Posted by Ohiogal
    Mom doesn't even have to do that -- give them HER rights. Mom can give grandma and grandpa guardianship which would allow them to legally provide for the child without giving them HER rights. Though I agree with everything you say.
    That's what I meant to say, thanks for clarifying. Lack of sleep and pain don't help in thinking straight.
  11. #11
    Ohiogal is offline Senior Member
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    Quote Originally Posted by ceara19
    That's what I meant to say, thanks for clarifying. Lack of sleep and pain don't help in thinking straight.
    Trust me - I know the feeling about lack of sleep -- hence why I edited my posts on this one several times --- kept dropping words. wasn't trying to be witchy and correct you. I just wanted to clarify for OP. I really have to figure out why everyone is so gung ho to give up rights to their KIDS!

    Oh and one other point -- guardianship in Ohio is revocable. It also ends after I believe one year.
  12. #12
    ceara19 is offline Senior Member
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    Quote Originally Posted by Ohiogal
    Trust me - I know the feeling about lack of sleep -- hence why I edited my posts on this one several times --- kept dropping words. wasn't trying to be witchy and correct you. I just wanted to clarify for OP. I really have to figure out why everyone is so gung ho to give up rights to their KIDS!

    Oh and one other point -- guardianship in Ohio is revocable. It also ends after I believe one year.
    I appreciate the correction. Guardianship with a set end date wouldn't be as bad. But I'm with you, I don't know WHY anyone would want to give away their child. My sister actually asked me if I was giving temporary guardianship of my kids to our mother (she's coming to stay with us) when I have surgery just because I'll be on bed rest for 6 weeks or so. I'm not even thrilled with the fact that my mother is going to stay with us, but they're to young to fend for themselves.

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