Wolfe Legal Services

Question:
Boyfriend received paternity papers from case in Allen County – conception in '89, birth in '90, this is first he heard of it, doesn't know girl. Want to fight this and no one else does. 3111.06 orc didn't become law 'til '91. Will this help? Unconstitutional? Really don't like the way this is set up – no recourse for man at all. We live in Wayne Co. HELP!

Answer:
Is it a court action to determine paternity? If yes, and he denies paternity, a simple way to find the true answer is a blood test, at her expense. If he denies knowing or ever sleeping with this girl at all, he may not be liable.

§ 3111.06 Jurisdiction of courts; personal jurisdiction.
(A) The juvenile court has original jurisdiction of any action authorized under sections 3111.01 to 3111.19 of the Revised Code. An action may be brought under those sections in the juvenile court of the county in which the child, the child's mother, or the alleged father resides or is found ....
(B) A person who has sexual intercourse in this state submits to the jurisdiction of the courts of this state as to an action brought under sections 3111.01 to 3111.19 of the Revised Code with respect to a child who may have been conceived by that act of intercourse.

If the boyfriend denies having sexual intercourse with that girl, the Court doesn't have jurisdiction, per 3111.06(B).

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