[minman70us]

I live in Ohio and my ex-husband wants a dna test on our son. Can be have that done now after we are divorce?

[ScottGem]

First its not a good idea to piggyback your question on another thread. That tends to cause confusion so your question has been moved to its own thread.

You can have it anytime you want to if you both agree. However, if he is challenging paternity, it may be too late to do so. I believe Ohio has a limited window when paternity can be challenged. If your son was born during your marriage than your husband is the legal father unless he can mount a successful challenge.

[GV70]

. I believe Ohio has a limited window when paternity can be challenged. If your son was born during your marriage than your husband is the legal father unless he can mount a successful challenge.

No...


3111.01 “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.

3111.03 Presumption of paternity.

(A) A man is presumed to be the natural father of a child under any of the following circumstances:

(1) The man and the child’s mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child’s mother separate pursuant to a separation agreement.

(3)(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.

(B) An agreement does not bar an action under this section.

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.

[GV70]

P.S.- Paternity by estoppel can be used only if the legal father knew for certain that he was not biological father of the child in Ohio.

[Fr_Chuck]

The OP has never said why he wants he test, how old the child is. He can always do a test if he has visitation with the child, he can go pay for a test to be done. The use of the test in court is another issue.

[ScottGem]

I stand corrected. If the child is under 23 years old, then he can still challenged paternity.