STATE: Ohio
CASE: Custody of 2 children
I AM: Father
SENARIO: Mother and I lived together briefly in Jan '05. She left in Feb when she discovered herself to be pregnant. She told me she had a miscarriage in March and not to worry about it. I found out 2 months later she was still pregnant. She repeatedly denied me being the father (yes, she was unfaithful to the relationship) until the day my son was born. After several months of her harassing and threatening me and demanding that I pay, I demanded a DNA test in return. One year after my son was born, I finally had paternity established. In Nov '06, I was given a Determination of Paternity Form from the Juvenile Court to add my information to the child's birth certificate. I had discussed with her many times that I hated his name and we should change it. She refuted this idea. I told her what I wanted his name to be. We lived together a second time from Nov '06 to Dec '06. She left as soon as she found out she was pregnant. She told me in Jan '07 she had a miscarriage. I found out 4 months later she lied again and was claiming the child to be her current boyfriend's.
(two parts)
QUESTION 1: When my daughter was born in Aug '07, she was given the surname of the mother's boyfriend she was living with. I did not know for over a month that my daughter was born or when. (I had to call Vital Stats and they helped me locate the birth certificate, that's how I found this out.) The boyfriend did not sign the birth certificate even though he was present to do so. My daughter has his last name. The mother told everyone I know, including my family that she was pregnant with my child, but told the boyfriend's family that it was his child. The mother and the boyfriend both knew the truth. I forced him to have a DNA done and he asked her to leave the house before the results came back to avoid confrontation with his family. I received my own DNA test back a week ago. The match was 99.99% for me and 0.00% for him. How can I best use this falsifying a document against her in family court while vying for custody? See MISC for extra details.
CONTINUING SENARIO 2: This is relating to my son. The day I was given the Determination of Paternity Form by the Juvenile Court, I asked several court personal and people at two different Health Dept offices if there was anything to prohibit me from changing the first and middle name of my son and I showed them the two papers I was given. The answer I received each time was, there is nothing to stop me from doing so if I wish. I filled out the paperwork, it was signed, stamped, sealed, certified, and notarized before I mailed it to Vital Stats in Columbus. I told the mother 2 weeks later what I did and she denies this ever happening. Four months later, I went down and purchase the new birth certificate for my son. I told my attorney at the time that I had it and showed it to her. She told the mother. I fired the attorney (this was only one of several reasons why). The mother claims what I did was illegal and is asking the family court to change the name of the child back to what it was and would like to see me go to jail over it. I was then told by my second attorney that what I did shouldn't have happened because only the probate court can change first and middle names and the family can only change last names. Every is mystified how this happened. The magistrate's order only asked for the last name to be changed.
QUESTION 2: I have no direct question for this. Answer the best you possibly can please. The Ohio Rev Code 2717.01 addresses the issue of a name change of a minor stating that it is to be done through probate court. The Family Court is trying to issue a judgment to change the child's name back to what it was before. I am blocking the judgment, citing them for being outside of their jurisdiction. Regardless of what loop-hole I miraculously fell through, I believe that this court has no authority to make this an issue when deciding custody, or to change it. I want the mother to take this to probate court and she won't. I will never agree to his name being changed regardless of what she does. Please advise.
MISC: The mother has also been, or had been, collecting public assistance this entire time using both 'false' names of my children and is currently using public medical assistance for both children. I can't change the name on my son's social security card either at this time with a certified document showing his name change (they don't accept birth certificate as proof but will take a certified doctor's record?? This is stupid!). In the mean time, even though I have court-issued split custody and prior visitation rights were granted (which was a great improvement from no visits to supervised visits, all at her choosing) she has repeatedly denied me, without cause, my visits. She also tried to convince me to give up my son for adoption to her boyfriend. I knew that wouldn't happen anyways (I looked up and read the adoption laws for Ohio too). I was not open to that subject at all. I have the means of supporting both children and the place to do it. She does not have anything in her favor other than she is the mother and she hasn't killed anyone yet.
CASE: Custody of 2 children
I AM: Father
SENARIO: Mother and I lived together briefly in Jan '05. She left in Feb when she discovered herself to be pregnant. She told me she had a miscarriage in March and not to worry about it. I found out 2 months later she was still pregnant. She repeatedly denied me being the father (yes, she was unfaithful to the relationship) until the day my son was born. After several months of her harassing and threatening me and demanding that I pay, I demanded a DNA test in return. One year after my son was born, I finally had paternity established. In Nov '06, I was given a Determination of Paternity Form from the Juvenile Court to add my information to the child's birth certificate. I had discussed with her many times that I hated his name and we should change it. She refuted this idea. I told her what I wanted his name to be. We lived together a second time from Nov '06 to Dec '06. She left as soon as she found out she was pregnant. She told me in Jan '07 she had a miscarriage. I found out 4 months later she lied again and was claiming the child to be her current boyfriend's.
(two parts)
QUESTION 1: When my daughter was born in Aug '07, she was given the surname of the mother's boyfriend she was living with. I did not know for over a month that my daughter was born or when. (I had to call Vital Stats and they helped me locate the birth certificate, that's how I found this out.) The boyfriend did not sign the birth certificate even though he was present to do so. My daughter has his last name. The mother told everyone I know, including my family that she was pregnant with my child, but told the boyfriend's family that it was his child. The mother and the boyfriend both knew the truth. I forced him to have a DNA done and he asked her to leave the house before the results came back to avoid confrontation with his family. I received my own DNA test back a week ago. The match was 99.99% for me and 0.00% for him. How can I best use this falsifying a document against her in family court while vying for custody? See MISC for extra details.
CONTINUING SENARIO 2: This is relating to my son. The day I was given the Determination of Paternity Form by the Juvenile Court, I asked several court personal and people at two different Health Dept offices if there was anything to prohibit me from changing the first and middle name of my son and I showed them the two papers I was given. The answer I received each time was, there is nothing to stop me from doing so if I wish. I filled out the paperwork, it was signed, stamped, sealed, certified, and notarized before I mailed it to Vital Stats in Columbus. I told the mother 2 weeks later what I did and she denies this ever happening. Four months later, I went down and purchase the new birth certificate for my son. I told my attorney at the time that I had it and showed it to her. She told the mother. I fired the attorney (this was only one of several reasons why). The mother claims what I did was illegal and is asking the family court to change the name of the child back to what it was and would like to see me go to jail over it. I was then told by my second attorney that what I did shouldn't have happened because only the probate court can change first and middle names and the family can only change last names. Every is mystified how this happened. The magistrate's order only asked for the last name to be changed.
QUESTION 2: I have no direct question for this. Answer the best you possibly can please. The Ohio Rev Code 2717.01 addresses the issue of a name change of a minor stating that it is to be done through probate court. The Family Court is trying to issue a judgment to change the child's name back to what it was before. I am blocking the judgment, citing them for being outside of their jurisdiction. Regardless of what loop-hole I miraculously fell through, I believe that this court has no authority to make this an issue when deciding custody, or to change it. I want the mother to take this to probate court and she won't. I will never agree to his name being changed regardless of what she does. Please advise.
MISC: The mother has also been, or had been, collecting public assistance this entire time using both 'false' names of my children and is currently using public medical assistance for both children. I can't change the name on my son's social security card either at this time with a certified document showing his name change (they don't accept birth certificate as proof but will take a certified doctor's record?? This is stupid!). In the mean time, even though I have court-issued split custody and prior visitation rights were granted (which was a great improvement from no visits to supervised visits, all at her choosing) she has repeatedly denied me, without cause, my visits. She also tried to convince me to give up my son for adoption to her boyfriend. I knew that wouldn't happen anyways (I looked up and read the adoption laws for Ohio too). I was not open to that subject at all. I have the means of supporting both children and the place to do it. She does not have anything in her favor other than she is the mother and she hasn't killed anyone yet.
