i am so torn...

i want him to sign over rights but ohio law says no bc another man has to be willing to adopt..fine law is law...old fight in my head of it would just be easier to cut all ties...

but im on state aid medical so i HAVE to go after child support or my boy looses medical...

but i cant do anything till hes born (bout a week) bc i need  a ss number. fine understandable.

but im torn bc i dont want him in my sons life. i havent talked to him in about a month and every time i do try to contact him to update him on his son his phone is shut off. he doesnt have a job. he is military but its national guard and he has already pulled so much BS that the gaurd is more willing to protect him then my son..

but someone brought up a thought if hes not on the certifacate then he has no rights to the child...is this true?

im torn bc my son doesnt deserve to be a bastard child, he wasnt immaculate conception. i want/need him on the certy but ohio law says he has to be present or he has to pay for a paternity test. we both know hes the dad.  so whats the point of the test i guess is what im saying...

im mixed emotions right now. my son doesnt deserve to be fatherless on a piece of paper. and if hes not on the certy how can i prove to the guard hes the dad if he gets shipped out.(god forbid something happen) then my son misses out on the military benifits of a deceased father.

i know this may confuse you that i want to cut all ties and still want him in his will and such but this is only bc i cant cut ties that i have to think of all my son can get. my choices will affect his future.

I just dont feel like dealing with him anymore. if he pays CS then he has visition rights and we live 10 hrs away in diff states. thats a fight i dont wanna deal with.

i dont know what to do....

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Comments:

gusti...
Jun. 3, 2008 at 8:56 PM actually i dont think so but check with a lawyer

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Krist...
Jun. 3, 2008 at 9:02 PM Technically he does not have to be present but DOES have to sign an Acknowledgement of Paternity form to be listed on the Birth Certificate..

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rocks...
Jun. 3, 2008 at 9:05 PM ohio law says he has to be there or in person to sign the papers. it cant happen though the mail..

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Krist...
Jun. 3, 2008 at 9:11 PM

Nope it doesn't

http://www.oh-paternity.com/faqs.htm#tfio 

Acknowledgment of Paternity Affidavit

Where can I go to fill out an Affidavit?

At the time of birth, the parents may complete the Affidavit at the hospital. Afterwards, the Affidavit can be completed at the health department or the CSEA. Click here for the phone number and address of the health department(s) and CSEA in your county.

 

The father is out of state and won't be able to sign the Affidavit with me. Can I send it to him?

Yes. After he completes his section and gets his signature notarized, he can send the Affidavit directly to the Central Paternity Registry. The mailing address appears on the Affidavit under the "Notice of Rights and Responsibilities and Due Process Safeguards". Affidavits must be sent within ten days of the last signature.

 

What happens if the father does not sign the Affidavit?

At the hospital, both parents may complete and sign the Affidavit to establish paternity for a child born to an unmarried mother. If both parents do not sign the Affidavit, the father's name will not go on the birth certificate and the child has no legal father at that time. Since the Affidavit must be signed by both biological parents, if either one chooses not to, paternity cannot be established by this method. However, the parents may choose to establish paternity at a later time.

 

What if I change my mind after I sign the Affidavit?

Either person who signed the Acknowledgment of Paternity Affidavit may bring an action to rescind it within 60 days of the last signature on the Affidavit. The Child Support Enforcement Agency where the child or the guardian or legal custodian of the child resides can assist with this process. It involves filling out a rescission form, signing up for genetic testing, and completing genetic testing. The CSEA will issue an order of paternity based on the results of the genetic tests.

After the 60 day period, the only way to rescind the Affidavit is to bring a court action to rescind within one year after it has become final. A man presumed to be the father of the child under Ohio law who did not sign the acknowledgment, either person who signed the acknowledgment, or a guardian or legal custodian of the child may bring an action to rescind the affidavit on the basis of fraud, duress, or material mistake of fact.

 

Can the parents complete an Affidavit if neither one is a U.S. citizen?

Yes, as long as the child was born in Ohio, or one or both of the parents live in Ohio.

 

If the parents sign the Affidavit, does the father have the right to take the child away from the mother?

Under Ohio Revised Code, if a child is born to an unmarried mother, the mother is the sole residential parent and legal guardian of the child unless a court order is issued. After the parents establish paternity, the father may petition the court for visitation or for custody.

 

If the parents sign the Affidavit, will the Child Support Enforcement Agency start to collect support?

Both parents have a duty to provide for their child. If either parent requests a child support order, or if the custodial parent is on certain types of public assistance, a child support order will be created.

 

How do I get proof we signed an Affidavit until the new birth certificate is ready?

You may obtain a certified copy of an Affidavit. The Ohio Department of Health/Vital Statistics Office issues the certified copies. Click here for directions on obtaining a certified copy.

 

The father of my child is a under age 18. Can he sign the Affidavit?

Yes. Minor parents can sign the Acknowledgment of Paternity Affidavit. Before paternity Affidavits were utilized, minors were allowed to sign birth certificates.

 

He doesn't have to be present but it does have to be notarized 

 

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adula...
Jun. 3, 2008 at 9:37 PM

the laws are like that in my state.... so i went after child support and got it.. you know, even if you don't personally go after child support, the state still will to get medicaid payments.

 honestly,  as much as it sucks, if you can't get in contact with him now, you probably don't have to worry about him wanting his rights.

the AG will NOT set up any laws about you having to let him see your son.  thats stuff you do on your own, so you dont *have" to let him be in the kid's life.  if he really wants to be he will have to petition for it.  at least that's how it is here.

i think you shouldnt really think about it too much...  just dont put his name on the birth certificate!!  Lila's dad isn't on hers!!  it's better that way.   

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mason...
Jun. 11, 2008 at 12:54 AM i dont what the law states in ohio. but my mom told me that if the dad doesnt contact you in a year... you are automatically rewarded full custody.

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mason...
Jun. 11, 2008 at 12:57 AM oh and dont put his name either... my calworks worker told me that since the father of my baby isnt on the birth certificate... he does not have rights unless a paternity test and HE HAS TO SIGN DECLARATION OF PATERNITY!

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momto...
Jun. 11, 2008 at 11:19 PM i think i would leave his name off the birth certificate.....  make him "prove" paternity for the state agency......let him spend his money..... let the state go after him.....

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