Legal Question in Family Law in Ohio
Do I have the right?
I am married and suspect my wife cheated before the marriage and conceived a child. It has been two years and the information just came to my knowlegde. Do I have the right to find out paternity without the mothers knowledge? Can this be used for ground of divorce?
1 Answer from Attorneys
Re: Do I have the right?
Under Ohio law, the child, if born during the marriage, is presumed to be yours. As such, you can get a DNA test through a private company, using your blood and the child's blood without your wife's knowledge. You can also petition the juvenile court to determine paternity, but your wife must be included as a party.
Also, adultery is one of the grounds you may specify in a divorce action. However, I'd suggest counseling before you take this step if you want to try to save your marriage. Confront her with your suspicions. Good luck.
Curtis J. Hamilton
Neel Wilson & Clem
9 South Main Street
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