No father named- Ohio Law

[Lullabye]

What is the name of your state? Ohio
If a baby is born in Ohio with no father's name provided, (father unknown) no father named on birth certificate, no support ever offered or paid for the child, 7 to 8 months go by and due to continued harrassment by a man she knows who wants to be her boyfriend but into drugs- bad, so the woman decides it's best for the safety of all concerned to move from the state, can she be ordered to return to the state for a DNA paternity test?
The welfare agency she was receiving support from has been contacted by this man who is now claiming paternity of her child. Now the family services agency has sent a letter to her old address, where of course she no longer resides, but this man is claiming that the letter states that she has a couple months to comply by coming in with the baby for a DNA test or she is in contempt. Contempt of what? Can a random person try to force a woman to return to the state she has fled, (breaking no laws), because he is mentally unstable, and has been harrassing her to have a relationship with him by claiming paternity of her child? Can Ohio order her to return here if she is residing in another state?
Thank you very much for any input here.

[moburkes]

Originally Posted by Lullabye

What is the name of your state? Ohio
If a baby is born in Ohio with no father's name provided, (father unknown) no father named on birth certificate, no support ever offered or paid for the child, 7 to 8 months go by and due to continued harrassment by a man she knows who wants to be her boyfriend but into drugs- bad, so the woman decides it's best for the safety of all concerned to move from the state, can she be ordered to return to the state for a DNA paternity test?
The welfare agency she was receiving support from has been contacted by this man who is now claiming paternity of her child. Now the family services agency has sent a letter to her old address, where of course she no longer resides, but this man is claiming that the letter states that she has a couple months to comply by coming in with the baby for a DNA test or she is in contempt. Contempt of what? Can a random person try to force a woman to return to the state she has fled, (breaking no laws), because he is mentally unstable, and has been harrassing her to have a relationship with him by claiming paternity of her child? Can Ohio order her to return here if she is residing in another state?
Thank you very much for any input here.

She won't be asked to return to the state. She will be asked to submit to a test wherever she currently lives. However, it appears that she didn't notify the agency of her new address, nor did she giving forwarding information to the post office. Why haven't you identified the father of your child? Why were you on state assistance?

[Ohiogal]

Originally Posted by moburkes

She won't be asked to return to the state. She will be asked to submit to a test wherever she currently lives. However, it appears that she didn't notify the agency of her new address, nor did she giving forwarding information to the post office. Why haven't you identified the father of your child? Why were you on state assistance?

Actually MO you are not correct. She can be ordered to return to Ohio to submit to the paternity test. If she fails to follow the court order and return the child to the jurisdiction while a parenting proceeding is ongoing then she is contempt and could face penalties up to jail time and loss of custody. A paternity determination IS a court case and since she has not apparently established residency in another state, Ohio governs and Ohio can require the child to be in the state until the case is heard and decided.

[moburkes]

Originally Posted by Ohiogal

Actually MO you are not correct. She can be ordered to return to Ohio to submit to the paternity test. If she fails to follow the court order and return the child to the jurisdiction while a parenting proceeding is ongoing then she is contempt and could face penalties up to jail time and loss of custody. A paternity determination IS a court case and since she has not apparently established residency in another state, Ohio governs and Ohio can require the child to be in the state until the case is heard and decided.

How do you know that she hasn't established residency in the other state?

Thanks for the correction, though.

[Lullabye]

She has lived in the other state for a month now, she is renting an apartment there under her legal name. But she didn't notify any agencies of her new address because she didnt want "him" following her. She hasnt changed her mailing address over or signed up for benefits through her new state of residence for fear he'll be able to track her that way.
She doesnt want him to search her out. She filed a complaint against him with the Domestic Violence Coaltion before she left Ohio, for getting rough with her, and they have him in their database, incase he should attempt to bully other members of her family still in Ohio, for information as to her whereabouts. He's out of the military on a discharge for mental problems, has a closet full of military weaponry and makes all kinds of threats-he's been charged with assisting in a breakin, and was in jail until they decided his illness warrented clinical relase. He uses illegal drugs and has Hepatitus from dirty needles. He's got many issues and problems and she considers him dangerous. She met him through another friend's boyfriend, and regretted saying "Hello" ever since. She wants to start with a clean slate, for herself and her little child, far away from this place and this guy. He has never established any kind of right to the child, they weren't ever married or anything, he came up with this idea of claiming the baby as his when she disapeared.Doesnt a single woman over the age of 21 in America have the right to move and live wherever she chooses with her own kid, free from crazies? What is you recommendation that should she do now?

[CourtClerk]

Originally Posted by Lullabye

She has lived in the other state for a month now, she is renting an apartment there under her legal name. But she didn't notify any agencies of her new address because she didnt want "him" following her. She hasnt changed her mailing address over or signed up for benefits through her new state of residence for fear he'll be able to track her that way.
She doesnt want him to search her out. She filed a complaint against him with the Domestic Violence Coaltion before she left Ohio, and they have him in their database, incase he should attempt to bully other members of her family still in Ohio, for information as to her whereabouts. He's out of the Marines on a discharge for mental problems, has a closet full of military weaponry and makes all kinds of threats-he's been charged with assisting in a breakin, and was in jail until they decided his illness warrented clinical relase. He uses illegal drugs and has Hepatitus C from dirty needles. He's got many issues and problems and she considers him dangerous. She met him through a friend's boyfriend and regretted saying "Hello" ever since. She wants to start with a clean slate, for herself and her little child, far away from this place and this guy. He has never established any kind of right to the child, they weren't ever married or anything, he came up with this idea of claiming the baby as his when she disapeared on him. What should she do?

Ohiogirl (who I believe is an attorney) would probably be the best person to answer this, but (and my experience is solely in CA) that even though mom moved to the new state a month ago, Ohio would probably still have jurisdiction. In CA, the CA courts retain jurisdiction for 6 months after the child leaves the state, I'm sure Ohio may have the same type of law, and if what you are saying is true, then you may want to follow OG's advice and return to Ohio for the paternity test. She could also be putting herself in danger of sanctions should she file for welfare in another state.

As far as him never establishing any kind of right to the child, it seems as if he's trying to do so now. She may not want to be stupid and not cooperate or this whole thing may backfire on her.

[Ohiogal]

Originally Posted by moburkes

How do you know that she hasn't established residency in the other state?

Thanks for the correction, though.

Actually it was a guess. Which apparently was a pretty good one

[Ohiogal]

She has lived in the other state for a month now, she is renting an apartment there under her legal name.

Ohio still has jursdiction.

But she didn't notify any agencies of her new address because she didnt want "him" following her.

If there was a support order in progress then she broke the law.

She hasnt changed her mailing address over or signed up for benefits through her new state of residence for fear he'll be able to track her that way.

And he has every right to know where she is if this child is possibly his.

She doesnt want him to search her out.

Doesn't matter. If she had a relationship with him and he is possibly the father, he has a legal right to establish paternity.

She filed a complaint against him with the Domestic Violence Coaltion before she left Ohio, for getting rough with her, and they have him in their database, incase he should attempt to bully other members of her family still in Ohio, for information as to her whereabouts.

And that is separate and apart from this court case. Does she have a restraining order? What database are you talking about by the way? Unless there is a restraining order there is no legal reason why he can't talk to her family.

He's out of the military on a discharge for mental problems, has a closet full of military weaponry and makes all kinds of threats-he's been charged with assisting in a breakin, and was in jail until they decided his illness warrented clinical relase.

Irrelevant if she slept with him and he may be the father of her child.

He uses illegal drugs and has Hepatitus from dirty needles. He's got many issues and problems and she considers him dangerous.

Doesn't matter what she considers him. Matters what the court considers him.

She met him through another friend's boyfriend, and regretted saying "Hello" ever since.

Did she sleep with him?

She wants to start with a clean slate, for herself and her little child, far away from this place and this guy.

She doesn't have that option if he is possibly the father. If she bore his child then she is tied to him for LIFE.

He has never established any kind of right to the child,

He is attempting to now.

they weren't ever married or anything,

But if she slept with him and bore his child they are still tied together. Marriage is not the be all and end all.

he came up with this idea of claiming the baby as his when she disapeared.

If the baby is possibly his then he has this right.

Doesnt a single woman over the age of 21 in America have the right to move and live wherever she chooses

Yes.

with her own kid,

A child has TWO parents and both have a right to a relationship with the child. Mom does not have a right to deprive dad from a relationship with his child.

free from crazies?

Did she sleep with this crazy? Did she have this crazy's child?

What is you recommendation that should she do now?

She needs to follow the law. If there is NO POSSIBLE WAY -- as in SHe did not have sex with him and there is NO POSSIBLE way she can have a child with this man then she can hire a lawyer to fight against the test. HOWEVER a court may still order it and she will still have to return the CHILD to Ohio or face legal consequences.

[Lullabye]

I do appreciate all your input,... It isnt what I want to hear of course, she's a friend I used to have, and I want to see her and that child safe. You all only know the parts of this "saga", that I'm telling, (and I am not able to tell it all). I understand your advice is based on the law, thats what I wanted, and not slanted emotional feelings. Please know that personally, I don't defend the immoral lifestyles these people have lead, they cause their own problems by the choices they make, and when children are involved it's so shameful because they pay the most painful price...
There never was any kind of custody order in place or visitation agreement between these two people, she isn't running out on a judgement by the court, they weren't living together, she simply chose to move away from the town he lives in, him and his lifestyle of drugs.
I just wanted to glean from you what her legal responsibilities are, living in another state, if this man is claiming to be the childs father, now. Thank you so much for taking the time to answer. I do appreciate it.

[LdiJ]

Originally Posted by Lullabye

I do appreciate all your input,... It isnt what I want to hear of course, she's a friend I used to have, and I want to see her and that child safe. You all only know the parts of this "saga", that I'm telling, (and I am not able to tell it all). I understand your advice is based on the law, thats what I wanted, and not slanted emotional feelings. Please know that personally, I don't defend the immoral lifestyles these people have lead, they cause their own problems by the choices they make, and when children are involved it's so shameful because they pay the most painful price...
There never was any kind of custody order in place or visitation agreement between these two people, she isn't running out on a judgement by the court, they weren't living together, she simply chose to move away from the town he lives in, him and his lifestyle of drugs.
I just wanted to glean from you what her legal responsibilities are, living in another state, if this man is claiming to be the childs father, now. Thank you so much for taking the time to answer. I do appreciate it.

At first it sounded like there was no chance that he was the child's father, now it sounds like its possible that he is.

If he is possibly the child's father, then it would be horribly risky for her not to obey the courts. If he is not the child's father, then it makes even more sense to obey and to get that down on the record legally.

[Ohiogal]

I do appreciate all your input,...

You are welcome.

It isnt what I want to hear of course,

Quite frankly I don't care if it is what you want to hear or not -- what I stated is how the law views it.

she's a friend I used to have, and I want to see her and that child safe.

IF she had sex with him then she made a choice that could bind her to him for life if this child is his. If she had sex with him and this is his child, HE has every right to have a part of his child's life. Regardless of her opinions. She after all made the choice to have sex with him even though according to you she has regretted saying even hello to him. If that is the case why did she have sex with him?

You all only know the parts of this "saga", that I'm telling,

Well you are getting advice based on the parts you are telling. And I still don't get what the Domestic Violence Coalition has to do with anything. You have not mentioned that she has a Civil Protection Order so him being in their "database" means squat.

(and I am not able to tell it all).

Then how do you expect accurate advice?

I understand your advice is based on the law, thats what I wanted, and not slanted emotional feelings

Nothing slanted about what I stated. You therefore got what you wanted.

Please know that personally, I don't defend the immoral lifestyles these people have lead,

I never said a word about her morals.

they cause their own problems by the choices they make,

Correct.

and when children are involved it's so shameful because they pay the most painful price...

Well if the adults would take responsibility for their actions and realize the outcome then there would not be that issue.

There never was any kind of custody order in place or visitation agreement between these two people,

So? He has not been legally adjudicated daddy yet either. After that happens -- if he is daddy -- there will be a custody order and/or visitation order in place.

she isn't running out on a judgement by the court,

She is if she does not return to Ohio for the test.

they weren't living together,

So? this is after she got pregnant by him? Right? Apparently from the way you are going she did spread her legs and got impregnated by him but just doesn't want to deal with it. A big sense of denial apparently. Well she cannot deny any longer.

she simply chose to move away from the town he lives in, him and his lifestyle of drugs.

She can move away from him but she cannot take his child away from him -- if this is his child. Which apparently you believe it is. She chose to have sex with him. She chose to have HIS baby -- if the paternity test proves it is his. She chose to become a parent and make him a parent to this child. She does not get to dictate everything now.

I just wanted to glean from you what her legal responsibilities are,

Her legal responsibilities are to produce the child and have a paternity test done in Ohio. Then to follow any and all other court orders regarding this child.

living in another state,

Is she still collecting welfare/aid in Ohio? If so then she is breaking the law. The other problem is she is not a resident of the other state.

if this man is claiming to be the childs father, now.

And? From the sounds of things she was not exactly forthcoming with the situation and has taken a run and hide approach.

Thank you so much for taking the time to answer. I do appreciate it.

You are welcome.