Paternity Rights of a Natural Father While Married in Ohio
- Ohio law presumes that a man is the natural father of a child when the man is married to the mother at the time of the child's birth or when the child is born within 300 days after the termination of the marriage by dissolution, divorce, death or annulment. The presumption also arises when the man and the mother attempted to marry before the birth of the child and the marriage is or could be declared invalid. If the marriage is invalid or could be declared invalid by a court and the birth of the child occurs within 300 days after the termination of the marriage or the cohabitation, the presumption of paternity arises.
- Parents can establish paternity by completing an Acknowledgment of Paternity Affidavit. The parents can submit the affidavit to the Ohio hospital at the time of the child's birth or can file it later with the health department or with a Child Support Enforcement Agency. Both parents must sign the affidavit.
- Establishing paternity can also occur through genetic testing. A local Ohio Child Support Enforcement Agency will administer the test at no cost initially, but may seek reimbursement from the father later. These guidelines are valid as of December 2010 and are subject to change upon the discretion of the State of Ohio.
- When the parents of a child live separately or divorce, a court must determine parental rights and responsibilities. According to Ohio law, the court may not base this decision on the gender of the parent. The court must treat the parents equally when deciding the place where the child will reside and when determining the legal custodian.