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Ohio's paternity fraud law? (Family Law)

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• Thu, 27 Oct 2005 14:11:00 GMT(1)
• Before the child is born doesn't count. I could get pregnant and claim Brad Pitt is the father, but that's not paternity fraud.
  It protects any father, married or single. The only fathers it does NOT protect (going by statute) are those that KNEW the child wasn't theirs, and then signed an AOP, birth certificate, lied and said they child WAS theirs, etc.
  If you knew it wasn't your child, but said it was (by any means) then you aren't protected. The statutes specifically say that the court shall not grant relief in those instances.
  If you truly thought you were the father but it turns out you aren't, then the court shall not deny you relief.
  Does that help?
• Thu, 27 Oct 2005 12:01:00 GMT(2)
• Check with a lawyer or 2 in your area to get the best answers as to what you can expect in your local court. Sorry can't be more help.
• Thu, 27 Oct 2005 15:13:00 GMT(3)
• The Ohio statute doesn't give a time frame that the father has to file an action. But, it does specifically say at the bottom:
  "Except as otherwise provided in sections 3119.961 [3119.96.1] to 3119.967 [3119.96.7] of the Revised Code, a party is entitled to obtain relief under section 3119.962 [3119.96.2] of the Revised Code regardless of whether the judgment, order, or determination from which relief is sought was issued prior to, on, or after October 27, 2 ."
  Going by that wording alone, there is no statute of limitation.
  jazzyjam...
  If your husband actually believed that he was the father (even the slightest inclination that he was) then he can file an action. Only a man that KNOWS he's not the father can not file an action. Well, he could, but the statute specifically states that the court will not grant relief if he does. Examples of KNOWING you're not the father of a child could be:
  1.) Mom was pregnant when he met her. He KNOWS it's not his child (physically impossible since she was pregnant when they met), but when it's born he does the right thing and says it is and helps support the child like it's his.
  2.) Dad or mom are out of town working (or whatever). Mom gets pregnant. Dad knows he wasn't around when she got that way, they argue, decide to make up, and dad agrees to raise the child as his own.
  In both those examples, dad KNOWS he's not the father. There's no way he CAN be since he wasn't even physically around when she got pregnant. But he steps up to the plate and decides to raise the child as his.
  Examples like those above are when a father can NOT claim paternity fraud. He knew he wsan't the father to begin with, yet took on the responsibilities of being one. He can't change his mind now.
  If, when your husband divorced, he had reason to believe that he was the child's father, then he could file an action. Since they were married then yes... he is the presumed father of any children born into the marriage. Read the statute... that doesn't mean he can't file and that the court can deny him relief:
  

  Quote:

  "A court shall not deny relief from a final judgment, court order, or administrative determination or order that determines that a person or male minor is the father of a child or from a child support order under which a person or male minor is the obligor solely because of the occurrence of any of the following acts if the person or male minor at the time of or prior to the occurrence of that act did not know that he was not the natural father of the child:
  (e) The person or male minor was presumed to be the natural father of the child under any of the circumstances listed in section 3111. 3 of the Revised Code."

  The language of 3111. 3 of the code refers to a child being born in a marriage.
  

  Quote:

  (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.

  So, just because he was married to her when the child was born doesn't mean that he can't file an action according to the statutes.
• Thu, 27 Oct 2005 14:16:00 GMT(4)

• Quote:

  Originally Posted by MissouriGal

  Before the child is born doesn't count. I could get pregnant and claim Brad Pitt is the father, but that's not paternity fraud.

  You better only be 'claiming' that cuz you know he's mine
  At any rate OP, I don't know your situation but as far as fraud goes you would likely have to prove that deception was intended. Meaning, mom KNEW XXX wasn't the father yet claimed that he was knowingly causing him to have to support the child.
• Thu, 27 Oct 2005 14:31:00 GMT(5)
• No, different situation Content although I was asking about this law yesterday.
  '
  Thanks again MG. I'd sy this law is pretty useless. Why would they even change it! My dh claimed her in the divorce papers which stated that he had 2 children from the marriage...go figure. He just wasn't 100% sure at the time.
  Tigger,the x will take it to her grave. She would never tell so there is no proof that she knows.
• Thu, 27 Oct 2005 14:19:00 GMT(6)
• Correct me if I am wrong, but isn't this the same poster whose husband was approched at work by a coworker who was tired of hearing mom and the 'real' father always make jokes about him paying the support for someone else's child?
• Thu, 27 Oct 2005 14:05:00 GMT(7)
• Thank you very much Missouri Gal. I have that info but hoping someone can explain it to me. I realize that it doesn't pertain to my situation but wondering what situation it covers.
• Thu, 27 Oct 2005 15:25:00 GMT(8)

• Quote:

  Originally Posted by MissouriGal

  Before the child is born doesn't count.

  When you've been fixed, the ONLY time that counts is before the child is born.....That's the MOST FUN
• Thu, 27 Oct 2005 15:31:00 GMT(9)

• Quote:

  Originally Posted by MissouriGal

  Well... that's true. Perv.

  {heavy breathing insert] Why thank you for the compliment [heavy breathing continued]
• Thu, 27 Oct 2005 15:37:00 GMT(10)

• Quote:

  Originally Posted by BelizeBreeze

  {heavy breathing insert] Why thank you for the compliment [heavy breathing continued]

  Why did I just get a visual of a bloodhound panting into a phone there?
• Thu, 27 Oct 2005 15:29:00 GMT(11)

• Quote:

  Originally Posted by BelizeBreeze

  When you've been fixed, the ONLY time that counts is before the child is born.....That's the MOST FUN

  Well... that's true. Perv.
• Thu, 27 Oct 2005 13:23:00 GMT(12)
• Here is the link for Ohio's Paternity Fraud statute:
  http://www.ancpr.org/ohio_statute_on_contesting_pater.htm
• Thu, 27 Oct 2005 15:31:00 GMT(13)

• Quote:

  Originally Posted by BelizeBreeze

  When you've been fixed, the ONLY time that counts is before the child is born.....That's the MOST FUN

  LMAO Caught up on the coffee, did ya?
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