Paternity

[jazzyjam]

What is the name of your state? Oh

Has anyone challenged the new paternity law in Ohio? A child was born while dh and now ex wife were married. He found out that the child isn't his by a home dna test. The mother doesn't know we did the test so she isn't aware that my dh now knows the truth. The child is now 15 and he is still paying support.

 

[Zephyr]

is he really prepared to totally withdraw from this child's life after having been the father for 15 years? is he prepared to do that to the child?

 

[stealth2]

Nah - he just doesn't want to pay for it.

 

[weenor]

After 15 years?

 

[rmet4nzkx]

What is the name of your state? Oh

Has anyone challenged the new paternity law in Ohio? A child was born while dh and now ex wife were married. He found out that the child isn't his by a home dna test. The mother doesn't know we did the test so she isn't aware that my dh now knows the truth. The child is now 15 and he is still paying support.

I theory and dependent upon the facts of the case, your husband could petition the court to disestablish paternity. The court could order a DNA test to confirm paternity and then possible modify the current orders. Notice I used the words: in theory, could, possibly, modify. Please notice I did not use any "absolutes".

Factors to be considered beyond paternity are, how long has dad known the true status of paternity, remember that the results of the home paternity test are evidence as will the child's testimony re the collection of the sample, when was the divorce?

Was paternity a issue during the divorce?

Are there other children of the marriage?

Has dad paid child support on a regular basis?

Has dad established parental rights and exercised them?

Does he have a relationship with the child, has it changed, if so the reasons?

Does the child know the truth?

Does dad know the identity of the putative father?

There is no way to adequately answer this question based on the limited facts presented nor to expalin the legal theories that may come into play based on the facts and the laws and statutes in effect related to those facts.

However based on the few facts presented, since paternity was not contested during the divorce and the fact that the child is nearly an adult that while a judge might rule to disestablish paternity, it is unlikely that the judge would rule to discontinue child support obligations if this is the only father the child has known and the biodad is no where to be found. If this is the case, what is in the best interest of this 15 yo young man who has known no other fahter?

Here are several links to read on this subject so that your husband can have some information upon which to base his decisions. This should not be discussed with the child or used as a form of leverage at this point in time. He should continue to pay child support as ordered.

Your husband should consult an attorney who can review the facts and provide advice congruent with the applicible Ohio laws.

http://www.clasp.org/publications/paternity_establishment_2004.pdf

http://www.acf.dhhs.gov/programs/cse/pubs/reports/litigation/ch04.html

 

[momof1]

15 Years******************************************...

If your husband backs out on this child after 15 years then my personal feelings is thats just wrong.
If your husband fights the paternity, then he's facing the truth to be thrown in his face and being that he is pushing this is not his child, then he may not be allowed to see this child either.....because as he is saying it is not his kid, which mean no visits are needed.


I would like to think the bond is there enough so that your husband should not care less as to if it's his or not. Love is something that occurs over time, not something you pay for with money.

 

[bonkers101]

This child deserves to know the truth about his true father, no matter what....I think the cs is probably an angry stab at mom - I mean, can you imagine finding out 15 years later that a child is not your own? I hope for the childs sake your hubby continues the relationship and paying even - what would that say to the kid at this point if dad just stopped supporting him? It is only three more years and it would be worth it to continue to have a funtioanl relationship with the child that he has known as his all of this time. I could see some serious effects if he backed out of supporting him now.

 

[nextwife]

If your husband backs out on this child after 15 years then my personal feelings is thats just wrong.
If your husband fights the paternity, then he's facing the truth to be thrown in his face and being that he is pushing this is not his child, then he may not be allowed to see this child either.....because as he is saying it is not his kid, which mean no visits are needed.


I would like to think the bond is there enough so that your husband should not care less as to if it's his or not. Love is something that occurs over time, not something you pay for with money.

And how many children that are not biologically yours have YOU made your legal responsibility, willingly?

And his ex LYING to both he and his daughter for 15 years isn't even just as frikin' wrong?

If it SHOULDN'T be about the money, maybe mom should reimburse him or pay a significant FINE for FRAUD, and for daughter and he for emotional pain and suffering?

I HATE that women CHEAT and then try to make everyone else responsible for their acts.

Yes, love of parents for child should transend money, but an "adoption" (assumption of legal responsibility for a child that is NOT biologically one's own") should be by CHOICE and mutual decision, not imposed by deceit and fraudulant acts.

Hell, if this were merely a real estate transaction and the seller failed to disclose something of significant consequence, they could be royally sued. IT's amazing that, if a woman keeps her fraud secret long enough, people think we should simply give her a pass on it?

Sorry, I think defrauding someone about who their kids are should have real consequences.

 

[Zephyr]

WHile I see your point nextwife, and actually agree with the logic, there is still a child involved, a child who has known someone as dad for all of their life, we see it over and over again, the best interests of the child are more important than the best interests of either parent. Dad had the option of asking for a paternity test from the beginning. In this situation I would not encourage the route of disestablishing paternity- not on a legal basis, but on the basis of what is right for the child involved.

I too get very frustrated with people getting away with doing the wrong thing, but when the damage to right the wrong is this great, I would let the sleeping dog lie.....

if there were a way for mom to have some sort of legal consequence without the child losing the father, I would be for that- but I am not sure that's possible