Legal Question in Family Law in Ohio

child support

i have a unique situation. i wanted to seek child support but am afraid that the father of my child will deny he is the father. when my daughter was born 5 years ago he knew that there was a chance that he wasn't the father. but he signed the birth certificate without question. he has been there for her, but when we broke up 2 years after she was born he stopped helping financially but still has visitation with her. so my question is if i filed for child support could he question her paternity and could i be denied child support.


Asked on 1/15/07, 3:32 am

2 Answers from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: child support

Your situation is by no means unique. You can resolve this matter by having the father DNA tested for his paternity, and then whether he owes child support will be straightforward.

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Answered on 1/15/07, 7:20 am
Frank Gresley Law Office of Frank X. Gresley, LLC

Re: child support

Just to get a clear understanding, the alleged father signed an acknowledgment of paternity at the hospital when the child was born. If this is correct then pursuant to Ohio Law, the acknowledgment could be rescinded for up to sixty days, if not then its final. The only other means to challenge the finality of a paternity acknowledgement is if the acknowledgement was entered into by fraud, duress or mutual mistake then if it was it must be challenge within one year. If you need further information, please contact me.

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Answered on 1/15/07, 9:19 am


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