Question for OhioGal

[kim123]

What is the name of your state? PA

Hey there Ohio Gal,

I was reading some other posts on here and I was reading the one where the boyfriend filed DV charges against his girlfriend and mother of his 15 month old. He went on to say that there were never paternaty tests done and so forth and you responded basically that the baby might not be his.

If you remember my post titled "Help" from a few days ago, my fiance has a son who he pays child support, asks to see and is not permitted to see by his ex girlfriend. He told me he doesn't have his name on the birth certificate, however he is mandated by the courts for him to pay CS. Granted this child looks just like my fiance, but I guess my question is how is he leagally required to pay if legally he is not named as the father?

I know that he wants visitation of his son, but should we go about it by legally saying he is dad first or since he looks just like his father and his ex claims nothing less that he is in deed the father of his son just work on getting the visitation?

You and Silverplum have been very helpful to me so I just thought I would ask you.

And please note I have no "We" in my blog! LOL I am learning. Thank you!

 

[LdiJ]

What is the name of your state? PA

Hey there Ohio Gal,

I was reading some other posts on here and I was reading the one where the boyfriend filed DV charges against his girlfriend and mother of his 15 month old. He went on to say that there were never paternaty tests done and so forth and you responded basically that the baby might not be his.

If you remember my post titled "Help" from a few days ago, my fiance has a son who he pays child support, asks to see and is not permitted to see by his ex girlfriend. He told me he doesn't have his name on the birth certificate, however he is mandated by the courts for him to pay CS. Granted this child looks just like my fiance, but I guess my question is how is he leagally required to pay if legally he is not named as the father?

I know that he wants visitation of his son, but should we go about it by legally saying he is dad first or since he looks just like his father and his ex claims nothing less that he is in deed the father of his son just work on getting the visitation?

You and Silverplum have been very helpful to me so I just thought I would ask you.

And please note I have no "We" in my blog! LOL I am learning. Thank you!

I am not Ohiogal, but he was legally declared the father when he was ordered to pay child support. That happened either by his acknowledging paternity in court, or by a court ordered DNA test, or by being declared the father by default because he did not show up for court. At this point he could easily have his name added to the birth certificate.

If he wants official parenting time and joint legal custodial rights, then he would need to petition the courts for them.

 

[Ohiogal]

I am not Ohiogal, but he was legally declared the father when he was ordered to pay child support. That happened either by his acknowledging paternity in court, or by a court ordered DNA test, or by being declared the father by default because he did not show up for court. At this point he could easily have his name added to the birth certificate.

If he wants official parenting time and joint legal custodial rights, then he would need to petition the courts for them.

What LD said. When the court issued a child support order requiring him to pay he was legally adjudicated to be the daddy. IN addition:

know that he wants visitation of his son, but should we go about it by legally saying he is dad first or since he looks just like his father and his ex claims nothing less that he is in deed the father of his son just work on getting the visitation?

Actually you did have a "we" in your question. He has already been declared daddy legally. So what he should do is petition for visitation/custody on the basis of being legally adjudicated daddy in child support case number [whatever] by [DNA, AOP]. Unless he wants to fight it because it was by default and then it may be too late but he could try denying the child if he was only declared daddy due to not showing up. I can't remember the exact details of his situation.