The concept of “paternity” refers to the process of going to court to establish a legal relationship between a father and his child. The process exists because society has created laws to make sure that children are supported by their own biological parents whenever possible. A paternity action will help determine who should be paying for that support and how much they should be paying. In Ohio, a paternity action will only apply to a mother and father who were never married because any child born during a marriage is presumed to be the husband’s legal child. Paternity actions between unmarried people are typically heard in a county’s juvenile court.
Who can file for paternity?
In Ohio, the only people who can bring an action to establish paternity are the mother of a child, the alleged father of that child, the child (or a representative of the child), or the Child Support Enforcement Agency in the county where the child resides (if the mother, alleged father or guardian of the child is receiving public assistance on behalf of the child). A grandparent or other relative cannot file a paternity suit.
Why should someone establish paternity?
Paternity helps to protect both … Read More... “Establishing Paternity in Ohio – An Overview”
The Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters. If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions. In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.
In 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio. She had just graduated high school in Toledo, Ohio, and was heading to college in the fall. Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered. Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw. At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.
Fans of football in general, but more particularly fans of the West Virginia University Mountaineers and the Cincinnati Bengals, mourn the untimely loss of Chris Henry on December 17, 2009. He was just twenty-six (26) years of age. Henry had a stellar career as a wide receiver at West Virginia University and was drafted by the Cincinnati Bengals in the third (3rd) round of the 2005 draft. He had some notable off-the-field problems and at least five (5) legal-related incidents but was seemingly back on track with both his football career and life when he sustained an injury to his forearm in mid-season of 2009. During the Cincinnati-Baltimore game, Chris sustained a fracture to his left forearm and was thereafter placed on the “injured reserve” list.
As we are now into the month of November, it is not too early for divorced and divorcing parents to look ahead to the upcoming Christmas Holiday. Here are some “tips” regarding the “nuts and bolts” of handling the Christmas holiday season.
On July 1, 2009, I received a decision on one of the more interesting cases I have worked on since embarking on my legal career. The case started out as a custody case in Juvenile Court, but quickly spiraled into a full-scale federal trial; and subsequently, an appeal in the United States Court of Appeals for the Sixth Circuit. It’s safe to say that this was not your typical custody case. What made this case different, among other things, was that the family had moved to Ohio from Israel and the mother had returned to Israel. While in Israel, she decided to pursue custody and filed a Petition for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction, claiming that our client, the child’s father, had kidnapped the child and wrongfully retained him here in the United States instead of allowing him to return to Israel.
Ohio Revised Code (“ORC”) Sections 3117.01 through 3117.08 are the specific statutes governing the conciliation process in the State of Ohio. Black’s Law Dictionary reflects that the word “conciliation” is derived from French law wherein it was/is the formality to which intending litigants are subjected in cases brought before a Judge. The Judge convenes the parties and endeavors to reconcile them. Should the Judge not succeed, the case proceeds to trial.