Legal Question in Family Law in Ohio

A woman is claiming that the father of her child, born two weeks ago, is my long time boyfriend. He maintains he never had any sexual relationship with this female ever. We have asked her to take a paternity test and have offered to pay for the entire process and if the child is proven to be his, he will support the child. She is refusing to let the baby be tested. Is there anything he can do to force this woman to have the baby DNA tested? She is slandering his name on facebook and all over the small town we live, saying he is nothing and he did this to her and will not help her now take care of thier baby. All he wants is a DNA test to prove wether it is or is not his child. She also recieves public assisatance (welfare). Will the state make her submit to a paternity test and try to get child support from the father? Can he initiate the paternity process through the Dept of Jobs and Family Services? She even gave this baby his last name. If he is proved not to be the father, can he do anything to have the baby's last name changed so it is not his last name?


Asked on 12/08/11, 8:11 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, I would go to the local Child Support Enforcement Agency in your county and explain your situation to them. Tell them that he would like to submit his own DNA sample so that if they ever want to test the child, they will already have his sample on file. Further, if you find out the child's blood type and it does not match either your boyfriend's or the mother's type, then you know that the father has to be someone else.

You could also file a civil lawsuit against her for defamation if her statements are not true and then during the discovery process, you could ask for a sample of the child's DNA (if blood type does not exclude your boyfriend as the father) and find out for sure that way.

This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.

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Answered on 12/08/11, 9:13 am


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