Forcing a paternity Test

[dprudlow]

What is the name of your state? Ohio
My ex-wife just gave birth to a son about 6 weeks ago. We were married when the child was concieved but she had been having an affair and assumed the child was not mine. When the child was born, the "other guy" was at the hospital with her. She was advised by an attorney not to list a father on the birth certificate and to give the child her last name. When it came time to fill out the paperwork, this "other guy" and his mom pressured my ex into putting his name on the birth cert and giving the child his last name. She was also given an affidavit of paternity to fill out but has not signed and subitted it yet. She has realized her past mistakes and she and I are wanting to get back together. Upon reading the affidavit of paternity we found that because the baby was born within 300 days of the divorce being finalized, I am the legal father of the child. She has made the choice not to do a paternity test and we are working on getting the birth certificate and name changed. This other guy says he is going to take her to court to force a paternity test. We feel that it would not be in the best interest of the child because we are going to get back together and be a family with the new baby. Given that I am already the legal father, how likely is it that a court would force the test? It seems like they wouldn't because it would only serve to disrupt the childs life. Also, are there any steps we can take, such as re-marrying, that would make our case stronger? Please help with any advise you have. Thanks

 

[Ohiogal]

What is the name of your state? Ohio
My ex-wife just gave birth to a son about 6 weeks ago. We were married when the child was concieved but she had been having an affair and assumed the child was not mine. When the child was born, the "other guy" was at the hospital with her. She was advised by an attorney not to list a father on the birth certificate and to give the child her last name. When it came time to fill out the paperwork, this "other guy" and his mom pressured my ex into putting his name on the birth cert and giving the child his last name. She was also given an affidavit of paternity to fill out but has not signed and subitted it yet. She has realized her past mistakes and she and I are wanting to get back together. Upon reading the affidavit of paternity we found that because the baby was born within 300 days of the divorce being finalized, I am the legal father of the child. She has made the choice not to do a paternity test and we are working on getting the birth certificate and name changed. This other guy says he is going to take her to court to force a paternity test. We feel that it would not be in the best interest of the child because we are going to get back together and be a family with the new baby. Given that I am already the legal father, how likely is it that a court would force the test? It seems like they wouldn't because it would only serve to disrupt the childs life. Also, are there any steps we can take, such as re-marrying, that would make our case stronger? Please help with any advise you have. Thanks

The court will order a paternity test because this man has the RIGHT to know if he is the father. YOur wife slept with him. She doesn't get to call the shots. And if he is the father -- which the court will allow to be determined -- then he has the right to custody and participating in child support.
If you are found not to be the father you have no say. Mom has no say to prevent this. Remarriage will NOT help your case.


§ 3111.04. Right to bring paternity action; stay pending birth; cooperation in administrative determination.

(A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.

(B) An agreement does not bar an action under this section.


And you being the legal father due to marriage is a presumption that CAN be rebutted:


§ 3111.03. Presumption of paternity.






(A) A man is presumed to be the natural father of a child under any of the following circumstances:





(1) The man and the child's mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child's mother separate pursuant to a separation agreement.





(2) The man and the child's mother attempted, before the child's birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, the marriage is or could be declared invalid, and either of the following applies:





(a) The marriage can only be declared invalid by a court and the child is born during the marriage or within three hundred days after the termination of the marriage by death, annulment, divorce, or dissolution;





(b) The attempted marriage is invalid without a court order and the child is born within three hundred days after the termination of cohabitation.





(3) An acknowledgment of paternity has been filed pursuant to section 3111.23 or former section 5101.314 [5101.31.4] of the Revised Code and has not become final under former section 3111.211 [3111.21.1] or 5101.314 [5101.31.4] or section 2151.232 [2151.23.2], 3111.25, or 3111.821 [3111.82.1] of the Revised Code.





(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing, except that a presumption that is conclusive as provided in division (A) of section 3111.95 of the Revised Code cannot be rebutted. An acknowledgment of paternity that becomes final under section 2151.232 [2151.23.2], 3111.25, or 3111.821 [3111.82.1] of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 [3119.96.2] of the Revised Code. If two or more conflicting presumptions arise under this section, the court shall determine, based upon logic and policy considerations, which presumption controls.





(C) (1) Except as provided in division (C)(2) of this section, a presumption of paternity that arose pursuant to this section prior to the effective date of this amendment shall remain valid on and after that date unless rebutted pursuant to division (B) of this section. This division does not apply to a determination described in division (B)(3) of this section as division (B)(3) of this section existed prior to the effective date of this amendment.

 

[StickyFingers]

What is the name of your state? Ohio
My ex-wife just gave birth to a son about 6 weeks ago. We were married when the child was concieved but she had been having an affair and assumed the child was not mine. When the child was born, the "other guy" was at the hospital with her. She was advised by an attorney not to list a father on the birth certificate and to give the child her last name. When it came time to fill out the paperwork, this "other guy" and his mom pressured my ex into putting his name on the birth cert and giving the child his last name. She was also given an affidavit of paternity to fill out but has not signed and subitted it yet. She has realized her past mistakes and she and I are wanting to get back together. Upon reading the affidavit of paternity we found that because the baby was born within 300 days of the divorce being finalized, I am the legal father of the child. She has made the choice not to do a paternity test and we are working on getting the birth certificate and name changed. This other guy says he is going to take her to court to force a paternity test. We feel that it would not be in the best interest of the child because we are going to get back together and be a family with the new baby. Given that I am already the legal father, how likely is it that a court would force the test? It seems like they wouldn't because it would only serve to disrupt the childs life. Also, are there any steps we can take, such as re-marrying, that would make our case stronger? Please help with any advise you have. Thanks

Lets just make the long story short.

Generally, a child born within a marriage is assumed to be the husbands and is given his last name unless otherwise directed, and the child is accepted as to be the husbands.

In this case, a paternity test needs to be done. As both males can claim the child as thiers.

The bottom line would be the paternity test..NOT who signed the birth certificate.

I do insist that both you and the other male....along with any other candidates take a paternity test.

Better to know now then years along the line..and find out you have cared and paid for a child that is not yours.

This is just one of the downfalls when the mother has isues with promiscuity.

And please don't say she doesn't...If she didn't you would't be here.