Legal Question in Family Law in Ohio

Paternity Question

My 2 year old son is not my husband's biological father. We were married 14 yrs when we separated and I went out with someone else. My husband and I got back together and I found out I was pregnant. I know for a fact it is not my husband's as he had a vasc. in 96. I gave the biological father a chance to step up and be a father to the child, but he didn't and my husband has always supported the child, pays for everything, where the biological has done nothing. The biological father has known for almost 2 years about the baby and he lives in another state. He has since gotten married and left a note at my father's house stating he wants his rights. His wife makes decent money and he is using that to try and scare me into letting him see the child. When the last time I did, he wouldn't give me the child back. Is this something that I should be concerned or will a judge see what a deadbeat he really is and let me move on with my family? My son has relationship with the biological father and my husband is on the birth certificate. My husband is the one who bonded with the baby and I do not want this man taking my child and putting him in a stressful situation.

Thank you


Asked on 9/26/06, 1:21 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Paternity Question

The parental rights and responsibilities of both the biological parent and the custodial parent should be worked out through the Court system. In your situation, patterns already have formed so that the court will study the facts and determine what is in the best interest of the child.

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Answered on 9/26/06, 4:03 pm


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