I have raised a fifteen year old since she was born. I am not the biological father but my name is on the birth certificate and I have custody. Now the biological father wants to be involved and try to gain custody. What are my rights?
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I have raised a fifteen year old since she was born. I am not the biological father but my name is on the birth certificate and I have custody. Now the biological father wants to be involved and try to gain custody. What are my rights?
It will depend on your location.
If you are in Illinois or Tennessee you will have no rights.
I forgot to add that I live in Ohio.
Was the mother married to either of you at any time?
A judge would have to be brain dead to not consider the age of the child in this case, or the bio father would have had to be in a coma for 15 years. What's his sudden interest now?
We need to know more of the circumstances. How did you come to raise this child? How did you come to be on the birth certificate? How did you come to have custody? Where is the mother?
This situation is very complex and involved so I will do the best I can. When my daughter was five I got custody after convincing he mother and her family that I have nothing but the child's best interest in mind. We have such a bond that I will do whatever for her. So her mother signed papers and didn't contest anything. As for the birth certificate, I was there when she was born and prior to that was not given any suspicion that the baby was not mine. It was only later that I learned the truth. The mother has been in and out of this child's life since she left yers ago. I have done everything from enrolling her in school, birthdays, holidays, to trips to the emergency room with no other thoughts but to provide for this girl. There were many attempts for her to see her biological family because I could not keep her from them, it bothered me that she had siblings she didn't know about. So attempts were made to see them. Now after all this time he wants to try and get custody.
The mother was not married to either of us. As for his interest now, many attempts over the years for her to get to know him failed. Now my daughter has some drama going on and the biological "person" feels he should have her in his care. My daughter and I have been through many situations in her life that have worked themselves out without his involvement but now he wants to be more involved. I guess it's at his convenience fjudging from the past.
Courts are well aware of typical teen rebellion against one parent and the desire to be with the other, if that is behind this story.
I don't know what Ohio will do. Given her age, I suspect that her wishes will be heard but not be the determining factor by any means. If he really sues for custody and isn't happy with visitation, gather your documents showing all attempts to get him involved and hire a good lawyer.
Teens often find that the grass isn't greener and come right home again.
She is not rebelling towards me. The biological father now wants to step in and she wants nothing to do with him. He's threatening to take custody of her and she is freaking out.
Great! Thus you do not need to give legal advices.Quote:
Originally Posted by joypulv
1. In the state of Ohio the best interest of the child IS NOT considered in paternity cases.
2. A presumption can be rebutted by clear and convince evidence/DNA test/
3
3111.01 Parent and child relationship defined.
(A) As used in sections 3111.01 to 3111.85 of the Revised Code, “parent and child relationship” means the legal relationship that exists between a child and the child’s natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The “parent and child relationship” includes the mother and child relationship and the father and child relationship.
If someone is not biological or adoptive parent he will not have rights.
3111.02 Establishing parent and child relationship.
The parent and child relationship between a child and the natural father of the child may be established by an acknowledgment of paternity as provided in sections 3111.20 to 3111.35 of the Revised Code, and pursuant to sections 3111.01 to 3111.18 or 3111.38 to 3111.54 of the Revised Code. The parent and child relationship between a child and the adoptive parent of the child may be established by proof of adoption or pursuant to Chapter 3107. Of the Revised Code.
3111.04 Standing to bring paternity action.
(A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child’s personal representative, the child’s mother or her personal representative, a man alleged or alleging himself to be the child’s father,...
3111.05 Statute of limitations.
An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen.
I apologize.
It's very upsetting to hear that this father has no rights, and that the best interest of the child is not considered.
I wanted this father to feel that he has a chance to fight this. Sorry.
I don 't think its quite that bad. The OP IS the legal father at this point. Even though the law gives the bio father the right to apply for custody, I believe the age of the child, the relationship between them and the lack of previous interest from the bio father WILL be taken into account by the courts. I think the OP should fight this as hard as he can, but it will mean getting a local attorney to represent him.Quote:
Originally Posted by joypulv
My meek apology was meant to be sort of a 'see if I care anymore' for being negged for interpreting the daughter's drama wrong. But I am sorry that I got it backwards.
I still feel for this father and think of course that he should fight, and read the Ohio statutes, and could NOT find the sentence 'If someone is not biological or adoptive parent he will not have rights.'
A Family Law Expert whose entire response is meant to look like a direct quote, inserts an interpretative sentence... wow. Can anyone find that sentence in 3111.01 to .85?
Not in Ohio.The law and the court practice are clear-a biological father has superior rights.ALWAYS!Quote:
Originally Posted by ScottGem
Lorence v. Goeller, 2005-Ohio-2678/The Court of Appeals of Ohio affirmed the trial court's decision that custody may not be awarded to a non-parent, a man led to believe he was the biological father, without first making a finding of parental unsuitability of the true birth father/.
Goeller v. Lorence, 2006-Ohio-5807/A former,disestablished legal father who resided with a child for the first eleven years of child's life may not seek custody, he may seek ONLY LIMITED visitation /
http://gv70.files.wordpress.com/2008...-ohio-5807.pdf
Lawriter - ORC - Chapter 3111: PARENTAGEQuote:
Originally Posted by joypulv
Again:
According to
ORC 3111.03 B/(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing...
3111.04 Standing to bring paternity action.
(A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the “Social Security Act,” 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.
3111.05 Statute of limitations.
An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen. Neither section 3111.04 of the Revised Code nor this section extends the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by Chapter 2105. 2107. 2113. 2117. or 2123. Of the Revised Code.
§ 3111.09 Genetic tests; DNA records; expert witnesses; judgment.
(D) If the court finds that the conclusions of all the examiners are that the alleged father is not the father of the child, the court shall enter judgment that the alleged father is not the father of the child.
Actually Ohio / and NH for example/ has strong biological presumption.According to the court practice in Ohio the presumption that the husband is the father can be rebutted without regard to marital status of the mother./Patrick T. v. Michelle L. Ohio Ct. App. / and the best interest of child is not considered.
I still don't see that sentence anywhere in the code.
Also, from the link above, 'the best interest of the child' IS mentioned and would be considered, if properly entered into the case.
What a sad bunch of legal wranglings when it all started so well, two fathers agreeing to share custody, and the court decides to say no, then bogs down in an antiquated definition of widow, finally reverses itself, and allows for further appeal. Ridiculous.
Pardon me for taking a less didactic approach to this.
It is more than clear...Quote:
Originally Posted by joypulv
1.The BF has standing to bring a paternity action at any time.
2.If the DNA test shows the presumed/alleged/ father is not a biological one , thus the BF immediately become a legal father.
3. In all custody proceedings a biological parent has superior rights to custody.
It is the truth about Ohio,Georgia,Tennessee,Maine...
Read it again:
ORC 3111.03 B/(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing...
3111.04 Standing to bring paternity action.
(A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the “Social Security Act,” 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.
3111.05 Statute of limitations.
An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen. Neither section 3111.04 of the Revised Code nor this section extends the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by Chapter 2105. 2107. 2113. 2117. or 2123. Of the Revised Code.
§ 3111.09 Genetic tests; DNA records; expert witnesses; judgment.
(D) If the court finds that the conclusions of all the examiners are that the alleged father is not the father of the child, the court shall enter judgment that the alleged father is not the father of the child.
That's the sentence!
Read the case and statutes again.Quote:
Originally Posted by joypulv
"Initially, we note that by its plain language, R.C. 3109.11 is designed to serve the best interests of the child."/Goeller v Lawrence/
3109.11 Companionship or visitation rights for parents or other relatives of deceased mother or father.;)
"In the halls of justice, the only justice is in the halls."Lenny Bruce
Clear though it might be to you, the sentence you wrote doesn't exist in the code:
If someone is not biological or adoptive parent he will not have rights.
Later you say the BP has superior rights - fine. That's different from no rights.
I don't know why you are so determined to make the OP believe that he should not even try.
And 'the best interest of the child' is also mentioned in the context of allowing the non bio father to sue again, in another part of the case, given THAT HE HAD PARENTED THE CHILD TIL THE CHILD WAS 11, when the child's mother died.
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