Legal Question in Family Law in Ohio

My son is 6 years-old. I conceived him in Florida when I was 18 with his father. I had to move back to Pennsylvania, and he didn't want to come, so he went to California with his father. He saw our son be born and 3 days after, and we haven't heard from him since. I've never denied him being able to see him. I've never kept him from visiting.. He just never wanted to. Now, child support has pursued him finally. He made a movement for judgement and it was denied. This is the only letter I've ever gotten about it. So, I'm unsure what is going on. Is there any way he can NOT have to pay if he signed the Acknowledgement of Paternity affidavit and all paperwork in the hospital? I'm not sure if they denied me or denied him.. I can't get anyone out in that office to talk to me. I have since moved to Ohio and had my case moved here. My paperwork says this only: "Date: 07/25/2011, Defendant present, Contested, The court further orders: DCSS motion for judgment is denied, without prejudice." --- Does this mean he tried to say he was not responsible and they denied him? Or does this mean they are telling me I lost? I'm so clueless and the CA office will not tell me anything.


Asked on 8/18/11, 3:24 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

There are two important limitations on my answer. First, I don't have any of the documents in front of me so I can only guess at what the contested matters were. Secondly, it is not clear from your question which court issued the denial of "DCSS"'s motion. If it is an Ohio court, then I can analyze a bit as I have done below. But if it is a court from another state, then I am out of my depth and the answer below is no better than your guess.

If "DCSS" is the child support agency, and they made a motion to establish paternity and to set a child support amount, and if their motion was denied, that sounds like at present, the father does not owe child support.

However, the words "without prejudice" means that the matter can be taken up again at a later date. If the denial had been "with prejudice" that means that the matter is over and cannot be re-filed.

You should speak to a family law attorney about this here in Ohio to better understand your rights.

Read more
Answered on 8/19/11, 7:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio