Ohio Rev. Code » Chapter 3119 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 3119.961

Motion for relief from paternity determination or support order

Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
January 25, 2002
Latest Legislation:
House Bill 208 - 124th General Assembly
PDF:
Download Authenticated PDF
 

(A) Notwithstanding the provisions to the contrary in Civil Rule 60(B) and in accordance with this section, a person may file a motion for relief from a final judgment, court order, or administrative determination or order that determines that the person or a male minor referred to in division (B) of section 3109.19 of the Revised Code is the father of a child or from a child support order under which the person or male minor is the obligor. Except as otherwise provided in this section, the person shall file the motion in the division of the court of common pleas of the county in which the original judgment, court order, or child support order was made or issued or in the division of the court of common pleas of the county that has jurisdiction involving the administrative determination or order. If the determination of paternity is an acknowledgment of paternity that has become final under section 2151.232, 3111.25, or 3111.821 of the Revised Code or former section 3111.211 or 5101.314 of the Revised Code, the person shall file the motion in the juvenile court or other court with jurisdiction of the county in which the person or the child who is the subject of the acknowledgment resides.

(B) On the motion of any adverse party or on its own motion, the court in which an action is brought under this section may transfer the action to the county in which an adverse party resides when it appears to the court that the location of the original venue presents a hardship for that adverse party.
Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 2003–2026 · leading case: Myers v. Myers
Sort: Relevance Newest Treatment
Myers v. Myers (2003) ohioctapp · cites it 21× “The magistrate concluded that the right of relief from judgment contained in R.C. 3119.961 could only be exercised by the alleged father.”
Havel v. Villa St. Joseph (2012) ohio · cites it 16× “961 of the Revised Code, a court shall grant relief from * * * a child support order under which a person or male minor is the obligor” pursuant to specified conditions.”
State ex rel. Loyd v. Lovelady (2006) ohio · cites it 16× “More than seven years later, in February 2003, Lovelady filed a motion for relief from the 1996 order under R.C. 3119.961 et seq., asserting that recent DNA testing proved that he is not D.”
Poskarbiewicz v. Poskarbiewicz (2003) ohioctapp · cites it 12× “{¶ 1} This appeal comes to us from a judgment of the Lucas County Court of Common Pleas, Domestic Relations Division, ordering the termination of child support pursuant to R.C. 3119.961 and 3119.962. Because we conclude that the statutory scheme permitting the retroactive…”
Van Dusen v. Van Dusen (2003) ohioctapp · cites it 5× “” {¶ 9} At issue in the first assignment of error is the impact of Section 5(B), Article IV of the Ohio Constitution upon R.C. 3119.961 and 3119.967. Section 5(B) reads: {¶ 10} “The Supreme Court shall prescribe rules governing practice and procedure in all courts of the state,…”
Dragon v. Dragon (2016) ohioctapp · cites it 20× “: {¶1} Gerald Dragon disagrees with the denial of his request under R.C. 3119.961 for relief from a 30-year-old paternity determination, in which he also sought a court order to obtain genetic testing and relief from the ensuing child support order.”
In re I.L.J. (2019) ohioctapp · cites it 3× “Despite this, in August 2014, father filed a motion to vacate the February 4, 2013 administrative support order pursuant to R.C. 3119.961 or Civ.R. 60(B). He contended that during the discovery process in a related custody case, he discovered that mother failed to disclose at…”
In re I.L.J. (2016) ohioctapp · cites it 8× “60(B) could not be used to vacate an administrative order and that R.C. 3119.961 upon which the father was relying as grounds for vacating the administrative order was only available when a father was disputing paternity.”
McKinzie v. Fry (2022) ohioctapp · cites it 6× “{¶ 4} On May 14, 2021, Fry filed a motion for relief from paternity judgment under R.C. 3119.961 and requested genetic tests.”
Doughty v. Doughty (2019) ohioctapp “Father Noah Doughty (“Father”) signed and filed a waiver of rights under R.C. 3119.961 and acknowledgement of paternity of A.”
Keathley v. Keathley (2016) ohioctapp · cites it 7× “Keathley ("Sarah"), appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, granting the motion for relief from a paternity determination under R.C. 3119.961 filed by her ex- husband, defendant-appellee, Joseph L.”
In re Z.S. (2011) ohioctapp · cites it 3× “” 3 {¶ 2} In filing his amended complaint, Simpson indicated he anticipated that defendant-appellee the Cuyahoga County Department of Children and Family Services (“the agency”) would issue an administrative child support order against him, so he sought from the court pursuant…”
Show all 25 citing cases →
— Ohio Rev. Code § 3119.961(A) — 7 cases
Havel v. Villa St. Joseph (2012) ohio “961 of the Revised Code, a court shall grant relief from * * * a child support order under which a person or male minor is the obligor” pursuant to specified conditions.”
Myers v. Myers (2003) ohioctapp “The magistrate concluded that the right of relief from judgment contained in R.C. 3119.961 could only be exercised by the alleged father.”
State ex rel. Loyd v. Lovelady (2006) ohio “More than seven years later, in February 2003, Lovelady filed a motion for relief from the 1996 order under R.C. 3119.961 et seq., asserting that recent DNA testing proved that he is not D.”
Dragon v. Dragon (2016) ohioctapp “: {¶1} Gerald Dragon disagrees with the denial of his request under R.C. 3119.961 for relief from a 30-year-old paternity determination, in which he also sought a court order to obtain genetic testing and relief from the ensuing child support order.”
Dragon v. Henderson (2016) ohioctapp
— Ohio Rev. Code § 3119.961(B) — 1 case
Dragon v. Dragon (2016) ohioctapp “: {¶1} Gerald Dragon disagrees with the denial of his request under R.C. 3119.961 for relief from a 30-year-old paternity determination, in which he also sought a court order to obtain genetic testing and relief from the ensuing child support order.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.