Under Ohio law, when a child is born to a husband and wife, who were married at the time of birth, the husband is presumed to be the natural or biological father of the child. Additionally, if a child is born within three hundred days after the termination of the marriage, the former husband is still presumed to be the natural father of the child. These presumptions are rebuttable, but only by clear and convincing evidence.
For example: wife becomes pregnant, and wife is married to husband at the time of birth, but wife believes there is a chance that the child may not biologically be husband’s child, and may instead be the biological child of a third-party. If the third-party person files a complaint to establish or determine paternity of the child, the third-party person must prove to the court by clear and convincing evidence that the child may not biologically be husband’s child.
In such scenario, the husband is presumed to be the father of the child because the child was born to the marriage. This presumption, while rebuttable, is difficult for a third-party to overcome. The third-party, in order to protect himself, should register with the Ohio Putative Father Registry (OPFR) to protect his rights as the potential father of the child.
If you believe you may have the same or a similar issue pertaining to the paternity of a child, the attorneys at Thomas Law Group can assist you in understanding what rights you have under Ohio law, and how best to protect those rights moving forward.