Under Ohio law, when the father and mother are married; if a child is born within 300 days after the termination of the marriage; or if the father signs an Acknowledgment of Paternity Affidavit, that man is presumed to be the natural father of the minor child.
The Acknowledgment of Paternity Affidavit is presented and executed if the mother and father of the child are not married at the time of the birth of their child or are not married within 300 days from the date of conception, both parents would then need to sign an Acknowledgment of Paternity Affidavit to establish paternity. Once both the biological mother and father sign the Affidavit, his name may be added to the child’s birth certificate.
Another way to establish Paternity is by participating in voluntary or Court Ordered genetic paternity testing. If the father is unwilling to sign the Paternity Affidavit or is he prevented from doing so by the mother, or if there is a question as to who the natural father is, either party can request a genetic test to produce a final determination of paternity. When the test is requested, all parties involved will need to submit to genetic tests by the CSEA. The Child Support Enforcement Agency (CSEA) will then issue an administrative paternity order based on the results. For paternity to be established, the results need to show a 99 percent probability of parentage.
Antonelli Family Law provides clients with the information and support to help pursue the determination of paternity to ensure ongoing parental relationships, child support and ultimately help parties do what is in the best interests of the child(ren).
