2-Complaint to Establish Father-Child Relationship by Father.pdf

CONTESTING PATERNITYCOMPLAINT TO ESTABLISH FATHER-CHILD RELATIONSHIP (BY FATHER)INSTRUCTIONSWARNINGUse these forms only if you are the father and want to contest a finding of paternity. You must firsthave gone through the administrative process at the Child Support Enforcement Agency. If you havenot, GO THERE FIRST.IF YOU HAVE AN ADMINISTRATIVE ORDER WHICH IS FINAL, YOU MUST FILEYOUR COMPLAINT WITHIN 30 DAYS OF THE FINAL ADMINISTRATIVE ORDER.If you are beyond that time, your case will be dismissed.A. FILLING OUT THE FORM - TYPEWRITTEN OR IN INK1. All of the enclosed forms should be filled out before you go to the Court to file them. TheClerk of Courts’ staff will not help you in completing the forms.2. Complaint to Establish Father-Child Relationship - Fill in the name of the county andcourt division (i.e., Juvenile, Domestic Relations). You are the Plaintiff. Fill in your name,address, phone #, and birth date. Fill in the mother’s name and address as Defendant. YOUMUST ATTACH A COPY OF THE ORDER. You must have a valid address for theDefendant so that the Clerk's office can notify the other party. If you do not have a validaddress for the other party, you will have problems. You should file your complaint withinthe 30 day period. Then you can worry about service. In paragraphs 1 - 3, fill in the blanks.Sign your name on the line above the word PLAINTIFF.Under Instructions for Service, sign.3. Financial Disclosure/Affidavit of Indigency - Detailed instructions attached.4. Entry - Fill in the county, court division, and name of the Plaintiff and Defendant.5. Remove the instructions sheets and make three copies of each page of each form.B. FILING THE COMPLAINT1. After the forms are filled out and copied, YOU MUST TAKE THEM to the Clerk’s officeto be filed.2. When you file your Complaint, the Clerk’s office staff will take the original and three copiesof your papers. You should ask the Clerk to time-stamp your copy of the Complaint andaccompanying forms. This will be your proof that you filed the originals. The JudgmentEntry will not be file-stamped at this time.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 1 of 16

C. PREPARATION FOR THE HEARINGThis is a regular civil case. Defendant will be given 28 days from the date she gets thepapers to respond. You will then be notified by the Court after service is made.1. You should present a neat appearance to the Court. The Court will not permit anyone toappear in court if s/he is wearing any of the following items of clothing: a hat, shorts,sandals, sleeveless shirts, tops, or blouses, clothing displaying indecent language or pictures,or clothing with large rips or holes. Make sure that your witnesses know this and complywith these requirements.2. You must be prepared for the hearing. You should have with you any witnesses that you wishto use to support your request. You should also bring any papers or other physical evidencethat you want the Magistrate to see. It is your burden to prove that you are or are not thefather.3. You will probably testify first. You should be prepared to tell the Magistrate why you areor are not the father. This is the only opportunity that you will have to present the facts, somake sure that you include everything.4. VERY IMPORTANT: This is not the time to tell the Magistrate everything that theother person has done that you disagree with or that has hurt or angered you. TheMagistrate will only want to hear the evidence that you have that shows that you areor are not the father. Be prepared to limit your testimony to those points raised in yourwritten complaint.5. At the hearing you may be asked questions by the Magistrate or by the mother or by anattorney. Directly respond to the questions. Listen to the question; make sure that youunderstand the question; and answer the question. If you do not understand the question, askto have the question explained to you before answering it. Never answer a question you donot understand.6. When child support is at issue, you must prove your income and expenses.7. Note: You may also ask the Court to order parenting time for you. You will have to provethat it is in the best interests of the child to have parenting time or visitation with you. TheCourt may set a separate hearing to consider parenting time and may order mediation.A WORD ABOUT MEDIATIONThe Court may order you and the other party to go to mediation. YOU MUST GO IFORDERED. If there is a reason mediation would not be appropriate, you should tell the Courtimmediately. Mediation is a chance to work out the issues without lengthy hearings.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 2 of 16

(Name)(Address)(City, State, Zip)(Telephone Number)(Birth Date)IN THE COURT OF COMMON PLEAS__________________ COUNTY, OHIO_______________________ DIVISION******Plaintiff/Petitioner, * CASE NUMBER _________________*vs. * JUDGE ________________________*(Name)(Address)(City, State, Zip)(Telephone Number)(Birth Date)* MAGISTRATE __________________*****Defendant/Petitioner. *COMPLAINT TO ESTABLISH FATHER-CHILD RELATIONSHIP1. Plaintiff, __________________________________, is the father of the minor child,__________________________________, born on ________________________ in__________________________, Ohio, and residing in_________________ County, Ohio.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 3 of 16

2. __________________________________, is a minor child age _____.3. Plaintiff states that Defendant is the natural mother of said minor child and is a resident of__________________ County and said child was born as the result of sexual intercourse inthe State of Ohio between Plaintiff and Defendant and thus jurisdiction may be obtainedupon said Defendant by virtue of R.C. 3111.06(B).4. Plaintiff has attempted to resolve this matter through the Department of Job and FamilyServices, Child Support Division pursuant to R.C. 3111.821 and has been unsuccessful inresolving the matter/the parties have reached an agreement regarding the matter. Thedismissal entry/parentage adjudication order of the Child Support Division is attached heretoas Exhibit A.WHEREFORE, Plaintiff demands a judgment against Defendant establishing the existenceof a father/child relationship between them; an order requiring reasonable child support as of the dateof birth of said child; an order requiring an appropriate policy of hospitalization and major medicalinsurance for the benefit of said minor child, an order allocating uncovered medical expenses for theminor child; an order requiring the issuance of a new birth certificate herein reflecting thefather/child relationship and substituting it for the existing birth certificate, as provided by law; anorder for parenting time; an order requiring Defendant to pay all costs herein expended; and for suchother further relief to which Plaintiff may be entitled.Respectfully submitted,_________________________________________PLAINTIFFFather - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 4 of 16

INSTRUCTIONS FOR SERVICETO THE CLERK:Please issue a Summons and serve a copy of the Complaint to Establish Father-ChildRelationship and all ancillary papers on the Defendant at the address in the caption by CERTIFIEDMAIL SERVICE, return receipt requested with a return thereof as required by law. Please also servea copy of the Complaint to the ________________________ County Department of Job and FamilyServices, by ordinary U.S. Mail._________________________________________PLAINTIFFFather - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 5 of 16

IN THE COURT OF COMMON PLEAS__________________ COUNTY, OHIO_______________________ DIVISION_________________________, *Plaintiff, * CASE NO.___________________vs. *_________________________, *JUDGE ______________________Defendant. * ENTRYPursuant to request of Plaintiff and for good cause shown it is hereby ORDERED that theattached Complaint to Establish Father-Child Relationship be accepted without pre-payment of thecosts.____________________________________JUDGE/MAGISTRATECopy: PlaintiffFather - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 6 of 16

APPENDIX EInstructions for CompletingFinancial Disclosure/Affidavit of IndigencyForm OPD-206RThe following instructions are for the Financial Disclosure/Affidavit of Indigency form (OPD-206R).The form is divided into ten sections, I-X. For the purpose of these instructions, spaces requiringan entry have been numbered.I. PERSONAL INFORMATION(1) Enter the name of the applicant.TO BE COMPLETED BY THE APPLICANT(2) Enter the Social Security number for which representation is being provided.(3) Enter the date of birth of the applicant. Use the format Month/Day/Year.(4) Enter the street address where the applicant receives mail. Include P.O. Box number,street number, and apartment number where applicable, as well as the city, state, and zipcode.(5) Enter the home telephone number of the applicant. If there is no home telephone, write“none” in this space.(6) Enter the residential address of the applicant if it is different from the mailing address. Ifthe mailing address and the residential address are the same, leave this space blank.(7) Enter the number of a telephone where the applicant may receive messages within 48hours after the caller leaves them. This is especially important if there is no hometelephone. There must be a way for the courts and the appointed attorney(s) to contact theapplicant by telephone if necessary.II. OTHER PERSONS LIVING IN HOUSEHOLD(8) Enter the names of other persons living in the applicant’s household. These other personsmay include children and other dependents as well as other financially contributingmembers of the household.(9) Enter the ages of the other persons living in the applicant’s household.(10) Enter the relationship to the applicant of the other persons living in the household. Forexample, to indicate the relationship of a female child of the applicant, this space shouldread “daughter,” not “father” or “mother.”If there are more than four other persons living in the applicant’s household, attach additional sheetthat provides the same information for those not listed on the form.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 7 of 16

APPENDIX EIII. MONTHLY INCOME / EMPLOYMENTFor each type of income, the applicant must enter their own earnings in the “Self” column, thespouse’s earnings in the “Spouse” column, and the total earnings of other financially contributingpersons living in the household in the “Household Members” column. In the “Total” column, enterthe total income from each type by adding the amounts across each row.List monthly income figures for the following:(11) Earnings or wages before taxes.(12) Unemployment compensation received.(13) Workers’ compensation received.(14) Pension benefits received.(15) Social security benefits received.(16) Child support received from a parent not living in the household. Do not include ADC in thecalculation of this amount.(17) Works First/TANF.(18) Disability pay.(19) Any other income source. Note: Food stamps can no longer be considered as income.51 USC 2107 (b).(20) Any other income source.(21) Enter the total income for the household by adding together the amounts in the “Total”column.(22) Enter the name of the applicant’s employer and the name(s) of the employer(s) of any otheremployed household member(s).(23) Enter the address and phone number of the employer(s).IV. ALLOWABLE MONTHLY EXPENSESList monthly household expenses for the following:(24) Child support actually paid for children not residing in the applicant’s household.(25) Child care. This expense may not be claimed if any adult member of the applicant’shousehold is unemployed.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 8 of 16

APPENDIX E(26) Transportation to and from work. This may include bus fare or gasoline and parkingexpenses, but not auto insurance or repairs.(27) All types of insurance. This should include medical, dental, life, homeowners insurance,renters insurance, automobile insurance, etc.(28) Health and dental care that is over and above the amount paid for medical and dentalinsurance. This may include prescription medications, co-payments, the payment ofdeductibles, etc.(29) Medical expenses and other expenses incurred in caring for sick or injured family members.(30) Enter the total of monthly expenses by adding together the entries in the “Amount” column.V. TOTAL INCOME(31) Enter the amount shown at “Subtotal A,” the space identified in these instructions asnumber (20).(32) Enter the amount shown at “Subtotal B,” the space identified in these instructions asnumber (30).(33) Enter the total monthly income at “Grand Total C” by subtracting the amount in space (32)from the amount in space (31).VI. ASSET INFORMATIONFor each “Type of Asset” listed in this section, the applicant must describe the item(s) in the centercolumn including length of ownership and the make, model, and year of the asset wheneverapplicable, and indicate the value of that item in the “Estimated Value” column. The followinginstructions clarify the types of assets about which information is requested.(34) “Real Estate/Home” includes any and all property and buildings owned or mortgaged by theapplicant. The description of the property or buildings should include the length ofownership. The estimated current market value of the property or buildings should beentered in the “Estimated Value” column.(35) List the total of all “Stocks/Bonds/CD’s” owned by the applicant.(36) “Automobiles” includes cars only.(37) “Trucks/Boats/Motorcycles” includes any type of mechanically powered vehicle other thancars used for transportation.(38) Other Valuable Property may include precious metals and/or stones, works of art, valuablecollections, electronic equipment, farm equipment, etc. This category does not includehome furnishings and clothing.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 9 of 16

APPENDIX E(39) “Cash on Hand” includes any U.S. currency immediately available to the applicant.(40) “Money owed to applicant” includes tax refunds, anticipated dividends, or any accountspayable expected from an individual or an organization for which agreed upon services orgoods were provided by the applicant for an agreed upon price.(41) “Other” refers to any other type of asset owned by the applicant to which a dollar value canbe attached.(42) Enter the name of the bank at which the checking account is held, the account number, andthe current balance of the checking account.(43) Enter the name of the bank at which the savings account is held, the account number, andthe current balance of the savings account.(44) Enter the name of the credit union at which an account is held, the account number, andthe current balance of the account.(45) Enter the “Grand Total” of the applicant’s assets by adding together the amounts enteredin the “Estimated Value” column.VII. MONTHLY LIABILITIES ‘ OTHER EXPENSESThe applicant must enter the monthly amount of each “Type of Liability” listed in this section. Thefollowing instructions clarify the liabilities about which information is requested.(46) “Rent/Mortgage” refers to any payment made for living quarters. The total amount paidmust be entered in this space.(47) “Food” refers to the amount spent on food by the applicant’s household. The dollar valueof food purchased with food stamps should be included in the amount entered.(48) “Electric” refers to the cost of electricity purchased from a regulated electricity provider. Ifthe cost of electricity is included in the monthly rent, no dollar amount should be enteredhere.(49) “Gas” refers to the cost of natural gas or L.P. gas purchased from a regulated natural gasor L.P. gas provider. If this cost is included in the monthly rent, no dollar amount should beentered here.(50) “Fuel” refers to the cost of gasoline purchased for purposes other than transportation toand from work, plus the amount of other fuels purchased for other necessary reasons suchas heating and the operation of farm machinery.(51) “Telephone” refers to the cost of all local and long distance telephone calls.(52) “Cable” refers to the cost of cable television service.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 10 of 16

APPENDIX E(53) “Water/Sewer/Trash” refers to the cost of each of these services. If the applicant is notbilled directly for one or more of these services, no dollar amount should be entered here.(54) “Credit Cards” refers to the total of the minimum monthly payments currently owed on allmajor credit cards, department store cards, or independent credit cards held by theapplicant.(55) “Loans” refers to the total monthly payments on all loans including student loans,automobile loans, and loans for other purposes. Home mortgages are not to be includedin this category.(56) “Taxes Owed” refers to the monthly amount of federal, state, and local taxes owed by theapplicant. These include current taxes withheld by the employer as well as past tax debtthat is currently being repaid.(57) “Other” refers to any other regular monthly expenditure (e.g. education for children or self,rent-to-own items, etc.).(58) Enter the “Grand Total E” by adding together all the liabilities and other expenses in thesection.VIII. GRAND TOTALS(59) Enter the “Total Monthly Income.” This is the same number found at “Grand Total C,” ornumber (33) of these instructions.(60) Enter the “Total Assets.” This is the same number found at “Grand Total D,” or number(45) of these instructions.(61) Enter the “Total Monthly Liabilities/Other Expenses.” This is the same amount found at“Grand Total E,” or number (61) of these instructions.IX. AFFIDAVIT OF INDIGENCY(62) Print or type the name of the applicant.(63) Enter the signature of the applicant and the date of signature as witnesses by a notarypublic.TO BE COMPLETED BY A NOTARY PUBLIC(64-65) Enter the date the signing of the affidavit was witnessed.(66) Enter the county in which the signing of the affidavit was witnessed.(67) Enter the state in which the signing of the affidavit was witnessed.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 11 of 16

APPENDIX E(68) The notary public must sign and stamp the form.TO BE COMPLETED BY THE JUDGEX. JUDGE CERTIFICATIONThis section of the form should only be completed if the applicant is unable to fill out the financialdisclosure form and/or sign the affidavit of indigency. In such a case, the judge may indicate byhis or her signature that the applicant is indeed indigent.(69) List the reason the client is unable to sign the form.(70) The judge must sign any form that cannot be properly completed by the applicant.Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 12 of 16

FINANCIAL DISCLOSURE/AFFIDAVIT OF INDIGENCYI. PERSONAL INFORMATIONNameSS#D.O.B.(1)(2)(3)Mailing AddressCityState ZipPhone(4)(4) (4)(4) ( ) (5)Residence (if different from above)Message Phone (within 48 hours)(6)( ) (7)II. OTHER PERSONS LIVING IN HOUSEHOLDNameAge RelationshipNameAge Relationship(8)(9)(10)3)Name Age Relationship Name Age RelationshipIII. MONTHLY INCOME/EMPLOYMENT INFORMATIONType of Income Self Spouse Household Members TotalEmployment (Gross) (11)Unemployment (12)Worker’s Comp. (13)Pension (14)Social Security (15)Child Support (16)Works First/TANF (17)Disability (18)Other (19)Other (20)Employer’s Name (for all household members)(22) SUBTOTAL A (21)AddressPhoneIV. ALLOWABLE MONTHLY EXPENSESType of ExpenseAmountChild Support Paid Out (24)Child Care (if working only) (25)Transportation for Work (26)V. TOTAL INCOMETotal Monthly Income - Total Allowable Expenses = Total IncomeInsurance (27) SUBTOTAL A (31)Medical/Dental (28) - SUBTOTAL B (32)Medical & Associated Costsof Caring for Infirm FamilyMembers (29)GRAND TOTAL C (33)SUBTOTAL B (30)VI. ASSET INFORMATIONType of Asset Describe/Length of Ownership/Make, Model, Year (Where applicable) Estimated ValueReal Estate/Home Price:$ Date Purchased: (34) Equity:Stocks/Bonds/CD’s (35)S A M PAutomobiles (36)Trucks/Boats/Motorcycles (37)Other Valuable Property (38)Cash on Hand (39)Money Owed to Applicant (40)Other (41)Checking Acct. (Bank/Acct. #) (42)Savings Acct. (Bank/Acct. #) (43)Credit Union (Name/Acct.#) (44)GRAND TOTAL D (45)Father - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 13 of 16

VII. MONTHLY LIABILITIES/OTHER EXPENSESType of LiabilityAmountVII. GRAND TOTALSRent/Mortgage (46) Grand Total CFood (47) Total Monthly Income (59)Electric (48)Gas (49)Fuel (50) Grand Total DTelephone (51) Total Assets (60)Cable (52)Water/Sewer/Trash (53)Credit Cards (54)Loans (55) Grand Total ETaxes Owed (56) Total Monthly LiabilitiesOther (57)and Other ExpensesGRAND TOTAL E (58)IX. AFFIDAVIT OF INDIGENCYI, ____________________(62)________________________ being duly sworn, say:1. I am financially unable to retain private counsel without substantial hardship to me or my family.2. I understand that I must inform my attorney if my financial situation should change before thedisposition of my case.3. I understand that it if is determined by the county, or by the Court, that legal representation wasprovided for me to which I was not entitled, I may be required to reimburse the county for the costsof representation provided. Any action filed by the county to collect legal fees hereunder must bebrought within two years from the last date legal representation was provided.4. I understand that I am subject to criminal charges for providing false financial information inconnection with the above application for legal representation pursuant to Ohio Revised CodeSection 120.05 and 2921.13.5. I hereby certify that the information I have provided on this financial disclosure form is true to thebest of my knowledge.S A M PI have determined that the applicant meets the criteria for receiving court appointed counsel.(61)________________________(63)_______________________Client SignatureDateNotary Public:Subscribed and duly sworn before me according to law, by the above named applicant this __(64)__ day of______(65)______, _______ , County of ________(66)_________ and State of _______(67)_______.________________________(68)______________________Notary SignatureX. JUDGE/ATTORNEY CERTIFICATIONI hereby certify that the above-noted client is unable to fill out and/or sign this financial disclosure/affidavit for thefollowing reason: _______________________________(69)_________________________________________.___________________________(70)_________________________Judge/Attorney SignatureDateFather - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 14 of 16

FINANCIAL DISCLOSURE/AFFIDAVIT OF INDIGENCYI. PERSONAL INFORMATIONName SS# D.O.B.Mailing Address City State Zip Phone( )Residence (if different from above)Message Phone (within 48 hours)( )Name1)Name2)II. OTHER PERSONS LIVING IN HOUSEHOLDAge Relationship Name3)Age Relationship Name4)III. MONTHLY INCOME/EMPLOYMENT INFORMATIONAgeAgeRelationshipRelationshipType of Income Self Spouse Household Members TotalEmployment (Gross)UnemploymentWorker’s Comp.PensionSocial SecurityChild SupportWorks First/TANFDisabilityOtherOtherEmployer’s Name (for all household members)AddressIV. ALLOWABLE MONTHLY EXPENSESType of ExpenseAmountChild Support Paid OutChild Care (if working only)Transportation for WorkInsurance SUBTOTAL AMedical/DentalMedical & Associated Costsof Caring for Infirm FamilyMembersSUBTOTAL AV. TOTAL INCOMEPhone( )Total Monthly Income - Total Allowable Expenses = Total Income- SUBTOTAL BGRAND TOTAL CSUBTOTAL BVI. ASSET INFORMATIONType of Asset Describe/Length of Ownership/Make, Model, Year (Where applicable) Estimated ValueReal Estate/Home Price:$ Date Purchased: Equity:Stocks/Bonds/CD’sAutomobilesTrucks/Boats/MotorcyclesOther Valuable PropertyCash on HandMoney Owed to ApplicantOtherChecking Acct. (Bank/Acct. #)Savings Acct. (Bank/Acct. #)Credit Union (Name/Acct.#)GRAND TOTAL DFather - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 15 of 16

VII. MONTHLY LIABILITIES/OTHER EXPENSESType of LiabilityAmountRent/MortgageFoodElectricGasFuelTelephoneCableWater/Sewer/TrashCredit CardsLoansTaxes OwedOtherTotal Monthly IncomeTotal AssetsTotal Monthly Liabilitiesand Other ExpensesVII. GRAND TOTALSGrand Total CGrand Total DGrand Total EGRAND TOTAL EIX. AFFIDAVIT OF INDIGENCYI, ____________________________________________ being duly sworn, say:1. I am financially unable to retain private counsel without substantial hardship to me or my family.2. I understand that I must inform my attorney if my financial situation should change before thedisposition of my case.3. I understand that it if is determined by the county, or by the Court, that legal representation wasprovided for me to which I was not entitled, I may be required to reimburse the county for the costsof representation provided. Any action filed by the county to collect legal fees hereunder must bebrought within two years from the last date legal representation was provided.4. I understand that I am subject to criminal charges for providing false financial information inconnection with the above application for legal representation pursuant to Ohio Revised CodeSections 120.05 and 2921.13.5. I hereby certify that the information I have provided on this financial disclosure form is true to thebest of my knowledge.__________________________________________________Client SignatureDateNotary Public:Subscribed and duly sworn before me according to law, by the above named applicant this _______ day of______________, _______, County of ___________________ and State of ___________________.__________________________________________________Notary SignatureX. JUDGE/ATTORNEY CERTIFICATIONI hereby certify that the above-noted client is unable to fill out and/or sign this financial disclosure/affidavit for thefollowing reason:___________________________________________________________________.I have determined that the applicant meets the criteria for receiving court appointed counsel._______________________________________________________Judge/Attorney SignatureDateFather - Complaint to Establish Father-Child Relationship (Library) Tab # 2 Page 16 of 16