Ohio Rev. Code » Chapter 3119
Ohio Revised Code

Ohio Rev. Code § 3119.962 (2026)

Granting relief from paternity determination

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
PDF:
Download Authenticated PDF
 

(A)(1) Upon the filing of a motion for relief under section 3119.961 of the Revised Code, a court shall grant relief from a final judgment, court order, or administrative determination or order that determines that a person or male minor is the father of a child or from a child support order under which a person or male minor is the obligor if all of the following apply:

(a) The court receives genetic test results from a genetic test administered no more than six months prior to the filing of the motion for relief that finds that there is a zero per cent probability that the person or male minor is the father of the child.

(b) The person or male minor has not adopted the child.

(c) The child was not conceived as a result of artificial insemination in compliance with sections 3111.88 to 3111.96 of the Revised Code.

(2) A court shall not deny relief from a final judgment, court order, or administrative determination or order that determines that a person or male minor is the father of a child or from a child support order under which a person or male minor is the obligor solely because of the occurrence of any of the following acts if the person or male minor at the time of or prior to the occurrence of that act did not know that he was not the natural father of the child:

(a) The person or male minor was required to support the child by a child support order.

(b) The person or male minor validly signed the child's birth certificate as an informant as provided in section 3705.09 of the Revised Code as that section existed prior to January 1, 1998.

(c) The person or male minor was named in an acknowledgment of paternity of the child that a court entered upon its journal pursuant to former section 2105.18 of the Revised Code.

(d) The person or male minor was named in an acknowledgment of paternity of the child 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.

(e) The person or male minor was presumed to be the natural father of the child under any of the circumstances listed in section 3111.03 of the Revised Code.

(f) The person or male minor was presumed to be the natural father of the child under any of the circumstances listed in:

(i) Division (A)(3) of section 3111.03 of the Revised Code as that division existed prior to January 1, 1998;

(ii) Division (A)(3) of section 3111.03 of the Revised Code as that division existed on and after January 1, 1998, and prior to the effective date of this amendment;

(iii) Division (A)(5) of section 3111.03 of the Revised Code as that division existed prior to the effective date of this amendment.

(g) The person or male minor was determined to be the father of the child in a parentage action under Chapter 3111. of the Revised Code.

(h) The person or male minor otherwise admitted or acknowledged himself to be the child's natural father.

(B) A court shall not grant relief from a final judgment, court order, or administrative determination or order that determines that a person or male minor is the father of a child or from a child support order under which a person or male minor is the obligor if the court determines, by a preponderance of the evidence, that the person or male minor knew that he was not the natural father of the child before any of the following:

(1) Any act listed in divisions (A)(2)(a) to (d) and (A)(2)(f) of this section occurred.

(2) The person or male minor was presumed to be the natural father of the child under any of the circumstances listed in divisions (A)(1) to (3) of section 3111.03 of the Revised Code.

(3) The person or male minor otherwise admitted or acknowledged himself to be the child's father.

(C) If the determination of paternity from which relief is sought 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, and the court grants the motion for relief, it shall order the acknowledgment to be rescinded and destroyed and order the department of job and family services to remove all information relating to the acknowledgment from the birth registry.
Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 2003–2026 · leading case: Myers v. Myers, 792 N.E.2d 770 (Ohio Ct. App. 2003).
Sort: Relevance Newest Treatment
Myers v. Myers, 792 N.E.2d 770 (Ohio Ct. App. 2003). · cites it 15× “Father maintains that these are all reasons listed in R.C. 3119.962 as reasons for denying relief from a paternity judgment.”
Havel v. Villa St. Joseph, 2012 Ohio 552 (Ohio 2012). · cites it 2× “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. (Emphasis added.) R.”
Dragon v. Dragon, 2016 Ohio 7304 (Ohio Ct. App. 2016). · cites it 11× “{¶9} Appellee lastly argues that under R.C. 3119.962, Dragon must first present genetic testing before he can file a motion for relief from a paternity determination or support order under R.”
State ex rel. Loyd v. Lovelady, 840 N.E.2d 1062 (Ohio 2006). · cites it 2× “R.C. 3119.962 provides: {¶ 8} “Upon the filing of a motion for relief under section 3119.”
Van Dusen v. Van Dusen, 784 N.E.2d 750 (Ohio Ct. App. 2003). · cites it 2× “967 of the Revised Code, a party is entitled to obtain relief under section 3119.962 of the Revised Code regardless of whether the judgment, order, or determination from which relief is sought was issued prior to, on, or after October 27, 2000.”
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). · cites it 20× “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
In re I.L.J., 2016 Ohio 7052 (Ohio Ct. App. 2016). · cites it 4× “{¶25} The mother argues that the father’s reliance on R.C. 3119.962 in filing his motion to vacate was misplaced because the statute only applies when there is a dispute regarding a father’s paternity.”
McKinzie v. Fry, 2022 Ohio 2292 (Ohio Ct. App. 2022). · cites it 4× “967, and specifically R.C. 3119.962. R.C. 3119.962(A)(1) provides that “[u]pon the filing of a motion for relief under section [R.”
Rozhon v. Rozhon, Unpublished Decision (6-21-2006), 2006 Ohio 3118 (Ohio Ct. App. 2006). “In that step, the court found that it was "not prohibited from denying him relief from judgment pursuant to R.C. 3119.962(A)." But, even assuming the court had found otherwise that it was prohibited from denying him relief from judgment pursuant to R.”
Poskarbiewicz v. Poskarbiewicz, 787 N.E.2d 688 (Ohio Ct. App. 2003). “Alternatively, if the trial court correctly interpreted R.C. 3119.962 and 3119.967, then these code sections are unconstitutional because their different treatment of women and men does not substantially relate to the promotion of important government interests.”
Angus v. Angus, 2014 Ohio 4225 (Ohio Ct. App. 2014). · cites it 2× “Innumerable cases under former Ohio law have looked to the best interest of the child and denied petitions by fathers to terminate their parental obligations, even where relief was sought based upon belated DNA refutation of the father's supposed paternity.”
In re Z.S., 2011 Ohio 3269 (Ohio Ct. App. 2011). · cites it 3× “{¶ 6} The following day, the magistrate assigned to the case issued an initial decision; the magistrate determined Simpson’s complaint should be dismissed without prejudice for Simpson’s failure to comply with the time requirement set forth in R.C. 3119.962(A)(1)(a). That…”
Show all 20 citing cases →
— Ohio Rev. Code § 3119.962(A) — 3 cases
Rozhon v. Rozhon, Unpublished Decision (6-21-2006), 2006 Ohio 3118 (Ohio Ct. App. 2006). “In that step, the court found that it was "not prohibited from denying him relief from judgment pursuant to R.C. 3119.962(A)." But, even assuming the court had found otherwise that it was prohibited from denying him relief from judgment pursuant to R.”
In re I.L.J., 2016 Ohio 7052 (Ohio Ct. App. 2016). “{¶25} The mother argues that the father’s reliance on R.C. 3119.962 in filing his motion to vacate was misplaced because the statute only applies when there is a dispute regarding a father’s paternity.”
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
— Ohio Rev. Code § 3119.962(A)(1) — 2 cases
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
McKinzie v. Fry, 2022 Ohio 2292 (Ohio Ct. App. 2022). “967, and specifically R.C. 3119.962. R.C. 3119.962(A)(1) provides that “[u]pon the filing of a motion for relief under section [R.”
— Ohio Rev. Code § 3119.962(A)(1)(a) — 5 cases
Dragon v. Dragon, 2016 Ohio 7304 (Ohio Ct. App. 2016). “{¶9} Appellee lastly argues that under R.C. 3119.962, Dragon must first present genetic testing before he can file a motion for relief from a paternity determination or support order under R.”
In re Z.S., 2011 Ohio 3269 (Ohio Ct. App. 2011). “{¶ 6} The following day, the magistrate assigned to the case issued an initial decision; the magistrate determined Simpson’s complaint should be dismissed without prejudice for Simpson’s failure to comply with the time requirement set forth in R.C. 3119.962(A)(1)(a). That…”
In re Z.S., 2013 Ohio 1042 (Ohio Ct. App. 2013).
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
Newman v. Weinman, 2012 Ohio 3464 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 3119.962(A)(1)(b) — 1 case
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
— Ohio Rev. Code § 3119.962(A)(1)(c) — 1 case
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
— Ohio Rev. Code § 3119.962(A)(2)(a) — 1 case
Myers v. Myers, 792 N.E.2d 770 (Ohio Ct. App. 2003). “Father maintains that these are all reasons listed in R.C. 3119.962 as reasons for denying relief from a paternity judgment.”
— Ohio Rev. Code § 3119.962(A)(2)(d) — 1 case
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
— Ohio Rev. Code § 3119.962(A)(2)(g) — 1 case
Boggs v. Brnjic, 794 N.E.2d 684 (Ohio Ct. App. 2003).
— Ohio Rev. Code § 3119.962(B) — 5 cases
Myers v. Myers, 792 N.E.2d 770 (Ohio Ct. App. 2003). “Father maintains that these are all reasons listed in R.C. 3119.962 as reasons for denying relief from a paternity judgment.”
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
Dragon v. Dragon, 2016 Ohio 7304 (Ohio Ct. App. 2016). “{¶9} Appellee lastly argues that under R.C. 3119.962, Dragon must first present genetic testing before he can file a motion for relief from a paternity determination or support order under R.”
McKinzie v. Fry, 2022 Ohio 2292 (Ohio Ct. App. 2022). “967, and specifically R.C. 3119.962. R.C. 3119.962(A)(1) provides that “[u]pon the filing of a motion for relief under section [R.”
Hall v. Hall, 2017 Ohio 447 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 3119.962(B)(1) — 2 cases
Myers v. Myers, 792 N.E.2d 770 (Ohio Ct. App. 2003). “Father maintains that these are all reasons listed in R.C. 3119.962 as reasons for denying relief from a paternity judgment.”
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “15AP-901 5 necessary findings that R.C. 3119.962(A) requires before a court may grant a father's request for relief from a paternity determination.”
— Ohio Rev. Code § 3119.962(B)(2) — 1 case
Myers v. Myers, 792 N.E.2d 770 (Ohio Ct. App. 2003). “Father maintains that these are all reasons listed in R.C. 3119.962 as reasons for denying relief from a paternity judgment.”
— Ohio Rev. Code § 3119.962(B)(3) — 1 case
Myers v. Myers, 792 N.E.2d 770 (Ohio Ct. App. 2003). “Father maintains that these are all reasons listed in R.C. 3119.962 as reasons for denying relief from a paternity judgment.”
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.