There are two ways to establish an order in Ohio - Support and Paternity.
What is a support order?
- Administrative Order: For an Administrative Order to be established, paternity must be established; a DNA test result must show at least a 99% probability of fatherhood. The DNA genetic testing process refers to a mouth swab that is performed on all parties. The results of the DNA test will be mailed to both parties after all parties are tested. If legal paternity is established through genetic testing, the OCSS will schedule a support hearing to establish a support order for the child(ren). Parties can be tested at our main office at 42485 North Ridge Rd Elyria 44035, (by appointment only). Things to consider:
- Parties must provide photo identification.
- All parties must be served a notice to appear for testing to receive results and an Administrative Order of paternity.
- If either party fails to submit to the test or fails to submit the child for genetic testing, the OCSS may request the court to find the party in contempt and determine the issue of paternity.
- The paternity establishment process is available at any time before the child attains 23 years of age.
- Paternity may be determined even if the other parent lives in another state or even in a foreign country. *Interstate Case
- Parties must provide photo identification.
- Judicial Order: A Judicial Order of paternity is where the Court makes the determination of who a child's parents are and calculate the child support order.
*Interstate case means an intergovernmental case in which the person or entity that is eligible to receive support resides in one state, and the person obligated to pay support resides in, has income or assets from, or the order is from, another state.
What is Paternity?
The primary responsibility of this unit is to establish paternity and to obtain an order for child support and/or health insurance for children who are not receiving the financial support of one or both parents. The unit also must determine eligibility for Federal Title IV-D services and waive support to State Department of Job and Family Services when children are in receipt of TANF assistance.
A man is a "putative" father of a child unless he was married to the mother, signed a birth certificate prior to January 1, 1998, filed an acknowledgment in Ohio's Central Paternity Registry, recission period(60-day period), or has had paternity established in an administrative hearing or by a court. Before a support order can be obtained, paternity must be established by one of the methods described above. The unit is also responsible for scheduling genetic testing as needed, scheduling administrative paternity and support hearings, locating the absent parent, and gathering sufficient evidence to proceed with a paternity and support action.
For unmarried parents in Ohio, paternity can be established one of three ways, depending on your situation:
- Both parties complete and sign an Acknowledgment of Paternity Affidavit. This form is voluntary, there is no cost to complete, and is the quickest way to establish paternity and legally recognized fatherhood.
- Genetic testing followed by an administrative order establishing paternity. DNA test result must show at least a 99% probability of fatherhood. The DNA genetic testing process refers to a mouth swab that is performed on all parties.
- A court order of paternity issued through Juvenile or Domestic Relations Court.
Any questions, please call 440-284-4401 option #4.
ALL ADMINISTRATIVE HEARINGS WILL BE HELD OVER THE PHONE. THEY ARE NO LONGER HELD IN THE OFFICE UNTIL FURTHER NOTICE.
ALL NECESSARY PAERWORK FOR HEARING
(i.e. evidence) IS NEEDED 5 DAYS PRIOR TO THE HEARING DATE.