Ohio  |  Family Law

Legal Question

Asked on: 1/21/04, 6:50 pm

Res Judicata and Paternity


In 1990, I established paternity for a child by affidavit in a KY District court. I never saw the child after her first week of birth because of the uncooperation of the mother and her family. I began to question paternity and the case went back to the same court in early 1996. The court ordered genetic tests, but the mother did not comply and it was never done. My paternity was disestablished, the case dismissed, and an Order for Relief was issued for past (arrears, etc) and future reference.

Recently, nearly 14 years later, her brother Ė in Union County Ohio - is seeking custody and has named me as the father. The issue of paternity is once again being brought before the court. Questions: Does the prior case and order for relief have any bearing on the current case? Does Civil Rule Procedure 60B apply, and res judicata? Once paternal rights are disestablished, can they be reestablished?

They have raised this issue at a time when I can least afford good counsel Ė Iím a full-time graduate student with a year to go on a Masterís in Industrial Technology. Itís all about the money they think they can Ė and probably will - get from me (he does not work, and never will), and is not about the child.

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