Legal Question in Family Law in Ohio
I have a child, his fathers name is on the birth certificate. We live together And raise our child together, a guy that I had incounters with while my boyfriend and I had been separated before I got pregnant wants me to write a relinquish letter stating that if I were to get a DNA test done and he turned out to be the father that he is not responsible for his well being and will not have to pay child support. Can I go to a bank and write the letter and have it notorized and send it to him, will it be legal or do I have to go through the courts? My boyfriend and I do not want to take the DNA test but the guy I had incounters with is worried that the courts will go after him if he turns out to be the father in the future.
1 Answer from Attorneys
In Ohio, I can see no possible benefit to you resulting from that course of action. If the other fellow is the child's father then you will be throwing away the right to tens of thousands of dollars in child support that your child is owed until he or she turns 18 years old. Further, if the state of Ohio is making the fathers child support payments on his behalf (by way of certain assistance programs to you and the child), the state of Ohio will want to go after this guy for that money. If you make that impossible by letting him off the hook they may start looking to you for that money.
You and your child would be far better off letting the chips fall where they may. Just because he is paying child support does not mean that he will automatically get visitation with the child if you can show that such visitation would not be in the child's best interests.
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