Paternity

Paternity can be established by various methods. First, the father of the child can acknowledge he is the biological father of the child on the birth certificate. A second method of establishing the person is the biological father of the child is by submitting to a DNA genetic testing. A third method of establishing paternity is through a court order where the parties acknowledge the person is the biological father of the child.

When a child is born during a marriage, there is a rebuttable presumption that the husband is the father of the child (R.C. 3111.03(A).This presumption can be rebutted only by clear and convincing evidence that he is not the father through genetic testing, an acknowledgement of paternity, or by Court order (R.C. 3111.03(B).

If the court issues a judgment determining the existence or nonexistence of the parent-child relationship, it will be determinative for all purposes (R.C. 3111.13). The court may order a new birth record be issued (R.C. 3111.18). The court may also order reasonable expert and other costs for genetic testing to be paid by the parties as determined by the court (R.C. 3111.18).

Best Interest Test

Once paternity is established or denied by court order, the court considers the following factors in determining the parenting time schedule for a party pursuant to R.C. 3109.04(F)(1):

1. The prior interaction and interrelationships of the child with the child's parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not a parent, sibling, or relative of the child;


2. The geographical location of the residence of each parent and the distance between those residences, and if the person is not a parent, the geographical location of that person's residence and the distance between that person's residence and the child's residence;


3. The child's and parents' available time, including, but not limited to, each parent's employment schedule, the child's school schedule, and the child's and the parents' holiday and vacation schedule;


4. The age of the child;


5. The child's adjustment to home, school, and community;


6. If the court has interviewed the child in chambers, pursuant to division (C) of this section, regarding the wishes and concerns of the child as to parenting time by the parent who is not the residential parent or companionship or visitation by the grandparent, relative, or other person who requested companionship or visitation, as to a specific parenting time or visitation schedule, or as to other parenting time or visitation matters, the wishes and concerns of the child, as expressed to the court;


7. The health and safety of the child;


8. The amount of time that will be available for the child to spend with siblings;


9. The mental and physical health of all parties;


10. Each parent's willingness to reschedule missed parenting time and to facilitate the other parent's parenting time rights, and with respect to a person who requested companionship or visitation, the willingness of that person to reschedule missed visitation;


11. In relation to parenting time, whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;


12. In relation to requested companionship or visitation by a person other than a parent, whether the person previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether the person, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of an offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that the person has acted in a manner resulting in a child being an abused child or a neglected child;


13. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent's right to parenting time in accordance with an order of the court;


14. Whether either parent has established a residence or is planning to establish a residence outside this state;


15. In relation to requested companionship or visitation by a person other than a parent, the wishes and concerns of the child's parents, as expressed by them to the court;


16. Any other factor in the best interest of the children.

The court will weigh the various criteria to determine the appropriate visitation schedule for the parties.

As a licensed attorney, I can help you assess and understand paternity issues.