My question involves paternity law for the State of: Ohio
In 2012 I removed my "ex" husband from my home and my life, and for financial reasons I have been unable to divorce him since then. I was raped several months after kicking my "ex" husband out of my apartment and became pregnant. I kept the baby and had him in 2013. Because I am legally married to my "ex" husband, I had to list him as the father. I have not seen my ex since early 2012 when we separated and have only briefly spoken to him. From the time I had the baby until currently, the CSEA in Ohio has been trying to track him down. He has been extremely difficult to locate and when he still lived in Ohio he would change addresses and was never served (in 2014 alone there were 12 court hearings to have him just say, "This isn't my child, let's disestablish paternity." While he was still in Ohio he refused to show up (we lived in separate counties, around an hour away from one another) and myself and the CSEA even offered to help him make the trip and be served the day of since the Sheriff's dept could not serve him in his county.
We gave him a lot of options to remove his name from the birth certificate, and in the fall of last year he relocated to Texas and had advised me of plans on moving to Mexico. He lived there for many years after leaving the military when he was younger and I firmly believe he is now in Mexico. The CSEA tried to do a post office ping to see if they could find some kind of address on him, but to no avail he was not able to be located.
I am filing for divorce in March when I get my tax return, but I don't want this man's name on my son's birth certificate. Is there a way to remove him from the birth certificate since he is in fact not the biological father of my child, but the presumptive paternal party since he cannot be located and has refused to assist me and the CSEA in the removal of his name? I know I can get divorced but I need to know if I can get his name off the certificate.
Any help would be appreciated. There is no other name to put on the certificate since I was raped, but I'd rather there be no father than my ex whom I haven't even seen in years now.
In 2012 I removed my "ex" husband from my home and my life, and for financial reasons I have been unable to divorce him since then. I was raped several months after kicking my "ex" husband out of my apartment and became pregnant. I kept the baby and had him in 2013. Because I am legally married to my "ex" husband, I had to list him as the father. I have not seen my ex since early 2012 when we separated and have only briefly spoken to him. From the time I had the baby until currently, the CSEA in Ohio has been trying to track him down. He has been extremely difficult to locate and when he still lived in Ohio he would change addresses and was never served (in 2014 alone there were 12 court hearings to have him just say, "This isn't my child, let's disestablish paternity." While he was still in Ohio he refused to show up (we lived in separate counties, around an hour away from one another) and myself and the CSEA even offered to help him make the trip and be served the day of since the Sheriff's dept could not serve him in his county.
We gave him a lot of options to remove his name from the birth certificate, and in the fall of last year he relocated to Texas and had advised me of plans on moving to Mexico. He lived there for many years after leaving the military when he was younger and I firmly believe he is now in Mexico. The CSEA tried to do a post office ping to see if they could find some kind of address on him, but to no avail he was not able to be located.
I am filing for divorce in March when I get my tax return, but I don't want this man's name on my son's birth certificate. Is there a way to remove him from the birth certificate since he is in fact not the biological father of my child, but the presumptive paternal party since he cannot be located and has refused to assist me and the CSEA in the removal of his name? I know I can get divorced but I need to know if I can get his name off the certificate.
Any help would be appreciated. There is no other name to put on the certificate since I was raped, but I'd rather there be no father than my ex whom I haven't even seen in years now.
Presumption of Paternity: "Ex" Husband Unable to Be Found to Disestablish Presumption of Paternity
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