Ohio Instruction to Jury in a Paternity as to the Average Period of Gestation

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The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.

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FAQ

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. Once paternity is established, the father may seek visitation or custody rights through the court system.

In Ohio, when a child is born to married parents, both parents automatically have parenting rights to the child. When a child is born to unmarried parents, however, a biological father does not have any legal rights to the child until he seeks them through the juvenile court.

In Ohio, if a child's parents are not married to each other when the child is born, that child does not have a legal father. Paternity must be established for the person to be called the legal father of a child. Once this happens the father's name can appear on the birth certificate.

An unmarried father has zero rights with respect to his child until he proactively takes steps to establish paternity. Even if an unmarried father has established paternity and is paying child support, that does not necessarily mean that he is entitled to see the child.

(1) "Abandoned" means the parents of a child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that ninety-day period.

In Ohio, if a woman is married at the time of the birth or at any time during the 300 days prior to birth, the husband is presumed to be the legal father of the child. The hospital may not put a different father's name on the birth certificate.

Paternity can be established any time before the child becomes 23 years old. Paternity can be determined even if the other parent lives in another state or a foreign country.

Code § 3111.05. An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen.

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Ohio Instruction to Jury in a Paternity as to the Average Period of Gestation