Legal Question in Family Law in Ohio

child support

i have a child who was born during my 13 year marriage and my husband is not the father,the biological father wants to be a part of my sons life now and says he wants visitation.He has been paying money for a few months now if we go to court #1 does the court count that as child support and could he ever get full custody(he lives in florida) i live in ohio


Asked on 3/11/07, 9:22 pm

1 Answer from Attorneys

Mark Chuparkoff Chuparkoff & Chuparkoff

Re: child support

It depends. If the father is on the birth certificate, the court may consider it child support. You would, however, possibly be entitled to back child support. Typically, the courts will just require the father to start paying based on a lot of factors, one of which is whether you attempted to contact the dad and have him participate in the child's life and/or start supporting him.

Regarding custody. The courts use a term called 'best interest of the child' to determine who would be the best custodial parent. Keep in mind that although a child does not have a say in who they live with, the court could appoint a guardian to represent this child and determine the child's wishes. It would be difficult (although not impossible) for your son to be taken from you to Florida if the father has not been actively involved in their life.

I suggest calling an attorney.

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Answered on 3/12/07, 8:35 am


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