Practice makes perfect. Nothing teaches better than practice.
Today I had to figure out WHERE and HOW to file a motion FOR juvenile court @ 800 Broadway Cincinnati, Ohio 45202. It was crazy. I was walking through the process of filing a "MOTION TO SET ASIDE PATERNITY". It was grueling...from the first floor to the second floor back to the first floor to the 6th floor then to the 8th floor then back down to the first floor. Only to find out that half of what I was filing was wrong .... or is it?! EEEEEEEEEEK. So I typed and printed a Motion to set aside paternity. I was advised that when an unwed father signs the affidavit of acknowledgment at the time of birth and is placed on the birth certificate in order to get a DNA test he has to file a motion to set aside paternity. This makes since but does not make sense. I took this motion and the documents that were also in the NEW PATERNITY PACKET to the first floor of 800 BROADWAY, Cincinnati, Ohio 45202 in the clerks office, which is to the left of the elevators, after you go through the metal detectors right before the juvenile court court rooms. The kind clerk reviewed the papers and let me know everything was in tact. I decided to file the motion for continuance. (I don't know why, I got confused). The motion for continuance WAS NOT SIGNED BY THE MAGISTRATE : / ! I don't know how I did that. SO, after filing the MOTION FOR CONTINUANCE, I began to question my decision. I went to the second floor. I have been on the second floor several times. This is where the MAGISTRATES HOLD HEARINGS. (yea, for DIVORCES). eeeeeeek WRONG FLOOR. Back down to the first floor. Then up to the 6th floor. This is where the JUVENILE COURT MAGISTRATES ARE LOCATED. It was around 1:50pm and the Magistrate had left for the day but maybe a lady on the 8th floor who handles the Magistrates calendars could help me. She had a huge trash bin she was chucking papers in. UUUUUUUGGGGGHHHHH the papers ..... the papers........the papers%$#@! I have questions about my filings. She reads it and has QUESTIONS. EEEEEEK she is kind enough to take me to the one of the HEAD CHILD SUPPORT CLERKS who reviews it and has MORE QUESTIONS and we then head back to the First FLOOR JUVENILE COURT CLERKS OFFICE where I am then told I need to file a MOTION TO ESTABLISH PATERNITY??!@#$%.
OHIO CASE LAW
Ohio
OHIO REV.CODE ANN.§ 3111.27 Within 60 days—If no support proceeding has been commenced, a signatory wishing to rescind must request that the child support agency hold an administrative hearing to determine the parent-child relationship and notify the birth records agency that a request has been made. The notice must provide the name of the child and the name of the child support agency conducting genetic tests. The birth record agency will verify this with the child support office and note in its records that the acknowledgment is subject to a rescission proceeding. It will also direct the child support agency to send a copy of any order entered in the hearing. Based on the order, the birth record will be corrected (if appropriate). OHIO REV. CODE § 2151.232 If a support action is filed, either signatory may raise the paternity issue and the court will proceed as with a contested paternity case.
OHIO REV. CODE §3119.962
After 60 days—At any time, an acknowledgment may be rescinded based on genetic test results. The contestant must file a motion for relief no later than 6 months from receiving genetic test results showing a zero probability that the man is the biological father of the child. Relief will not be granted if it is shown that, before acknowledging the child, the man knew he was not the biological father. If relief is granted, the birth record will be corrected. |
excellent paternity articles
https://www.clasp.org/sites/default/files/public/resources-and-publications/publication-1/0111.pdf
https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-438.aspx
https://www.hildebrandlaw.com/paternity-testing-after-an-affidavit-of-acknowledgment-of-paternity-has-been-signed/
https://www.in.gov/dcs/2482.htm
No comments:
Post a Comment