Legal Rights of Teenage Legal Rights of Teenage Mothers and FathersMothers and Fathers

Presented by the Franklin Presented by the Franklin County Child Support County Child Support Enforcement AgencyEnforcement Agency

Monika C. Cooley, Paternity CoordinatorMonika C. Cooley, Paternity Coordinator& &

Brett Shaid, Esq. AttorneyBrett Shaid, Esq. Attorney

October 10, 2008October 10, 2008

Focus AreasFocus Areas Legal ParentageLegal Parentage

* Administrative Process * Administrative Process * Judicial Process* Judicial Process

Child Support & Minor ParentsChild Support & Minor Parents Parental Rights & ResponsibilitiesParental Rights & Responsibilities Custody & VisitationCustody & Visitation

Legal ParentageLegal Parentage Paternity is the Paternity is the

legal process of legal process of determining the determining the existence or existence or nonexistence of a nonexistence of a father-child father-child relationshiprelationship

3 methods for 3 methods for children born out children born out of wedlockof wedlock

Acknowledgment of Paternity Acknowledgment of Paternity AffidavitAffidavit

Usually completed at the time of the Usually completed at the time of the child’s birth at the hospitalchild’s birth at the hospital

Must be filed with the Central Must be filed with the Central Paternity Registry within the Paternity Registry within the Department of Job & Family Services Department of Job & Family Services

Parents agree who the father is and Parents agree who the father is and waive their right to free genetic waive their right to free genetic testing through the CSEAtesting through the CSEA

Administrative OrderAdministrative Order Party requests Title IV-D Services Party requests Title IV-D Services Application/Intake Interview – minors Application/Intake Interview – minors

need a parent/guardian’s consent; to need a parent/guardian’s consent; to sign formssign forms

Genetic Testing is scheduled; free to Genetic Testing is scheduled; free to partiesparties

If mother or father fail to submit to If mother or father fail to submit to testing, a court action can be filedtesting, a court action can be filed

Judicial OrderJudicial Order Determines paternity if the Determines paternity if the

administrative process fails administrative process fails Parties are requested to appear in Parties are requested to appear in

courtcourt An alleged father can be defaulted as An alleged father can be defaulted as

the legal father if he fails to submit the legal father if he fails to submit to ordered genetic testingto ordered genetic testing

Birth CertificateBirth Certificate A legal record A legal record Father’s name can Father’s name can

only be added if only be added if determining determining paternity at the paternity at the same time (Welfare same time (Welfare Reform – PRWORA)Reform – PRWORA)

Last name of the Last name of the child; changing itchild; changing it

Benefits of Legal PaternityBenefits of Legal Paternity RelationshipRelationship MedicalMedical Custody & Custody &

Visitation Rights Visitation Rights can be requestedcan be requested

Financial Financial (inheritance, social (inheritance, social security, life security, life insurance, etc)insurance, etc)

Child Support Child Support (paternity must be (paternity must be done first)done first)

Child SupportChild Support OAC 5101: 1-32-04OAC 5101: 1-32-04

* Parents have the responsibility for * Parents have the responsibility for support of unmarried minor’s childrensupport of unmarried minor’s children* Admin or judicially – all of the minor’s * Admin or judicially – all of the minor’s parents can be requested to pay parents can be requested to pay support for the childsupport for the child

Cash Medical Support (newly Cash Medical Support (newly implemented by Congress)implemented by Congress)

Parental Rights & Parental Rights & ResponsibilitiesResponsibilities

An unmarried An unmarried mother who gives mother who gives birth to the child is birth to the child is the sole residential the sole residential parent and legal parent and legal custodian of the custodian of the childchild

A father can ask the A father can ask the court for visitation court for visitation or shared custodyor shared custody

Parental Rights & Parental Rights & ResponsibilitiesResponsibilities

Adoption - Adoption - Does a minor parent need Does a minor parent need her parent's permission in order to her parent's permission in order to give her baby up for adoption?give her baby up for adoption?

No. A minor has the right to give up his or her baby for No. A minor has the right to give up his or her baby for adoption and does not need permission to do so. adoption and does not need permission to do so. Minor parents have the same rights and Minor parents have the same rights and responsibilities as adult parents. The adoption also responsibilities as adult parents. The adoption also cannot be undone because the biological parents were cannot be undone because the biological parents were minors when they made the decision to give the baby minors when they made the decision to give the baby up for adoption. up for adoption.

http://www.teenparents.org/http://www.teenparents.org/

Parental Rights & Parental Rights & ResponsibilitiesResponsibilities

Grandparents’ RightsGrandparents’ Rights

Grandparents do not automatically have Grandparents do not automatically have custody or visitation rights over their custody or visitation rights over their grandchildren. A grandparent who wants grandchildren. A grandparent who wants custody or visitation must go to court to get custody or visitation must go to court to get a court order. Whether or not the a court order. Whether or not the grandparent could get visitation or custody grandparent could get visitation or custody and which court the grandparent would go and which court the grandparent would go to depends on the circumstances of the to depends on the circumstances of the parents and the grandchild. parents and the grandchild.

http://www.teenparents.org/http://www.teenparents.org/

Custody & Visitation Custody & Visitation MattersMatters

(Columbus Bar Association: (Columbus Bar Association: Family Law)Family Law)

Do you know the Answers?Do you know the Answers?

Can the parents complete a Paternity Can the parents complete a Paternity Affidavit if neither one is a U.S. Affidavit if neither one is a U.S. citizen?citizen?

Do you know the Answers?Do you know the Answers?

The father is taking care of the child but The father is taking care of the child but has not been legally established as the has not been legally established as the father. The mother is not available to father. The mother is not available to sign an Acknowledgment of Paternity sign an Acknowledgment of Paternity Affidavit. How can he establish paternity?Affidavit. How can he establish paternity?

Do you know the Answers?Do you know the Answers?

The father is deceased. How can I The father is deceased. How can I prove that he is the father?prove that he is the father?

Another QuestionAnother Question How old does my child need to How old does my child need to

be to have genetic testing?be to have genetic testing?

Final QuestionFinal Question Can DNA testing differentiate Can DNA testing differentiate

the real father of a child if there the real father of a child if there are two alleged fathers and both are two alleged fathers and both are identical twins?are identical twins?

Additional ResourcesAdditional Resources http://www.just4dads.orghttp://www.just4dads.org http://www.alllaw.com/http://www.alllaw.com/

topics/family/topics/family/ http://http://

www.teenparents.org/www.teenparents.org/ http://jfs.ohio.gov/Ocs/http://jfs.ohio.gov/Ocs/

whatsnewonsite.stmwhatsnewonsite.stm http://www.oh-http://www.oh-

paternity.compaternity.com

Questions?Questions?Thanks!Thanks!

Monika & BrettMonika & BrettFranklin County Child Support Franklin County Child Support

Enforcement AgencyEnforcement Agency