Legal Rights of Teenage Mothers and Fathers Presented by the Franklin County Child Support Enforcement Agency Monika C. Cooley, Paternity Coordinator & Brett Shaid, Esq. Attorney October 10, 2008

Focus Areas Legal Parentage Legal Parentage * Administrative Process * Judicial Process Child Support & Minor Parents Child Support & Minor Parents Parental Rights & Responsibilities Parental Rights & Responsibilities Custody & Visitation Custody & Visitation

Legal Parentage Paternity is the legal process of determining the existence or nonexistence of a father-child relationship Paternity is the legal process of determining the existence or nonexistence of a father-child relationship 3 methods for children born out of wedlock 3 methods for children born out of wedlock

Acknowledgment of Paternity Affidavit Usually completed at the time of the child’s birth at the hospital Usually completed at the time of the child’s birth at the hospital Must be filed with the Central Paternity Registry within the Department of Job & Family Services Must be filed with the Central Paternity Registry within the Department of Job & Family Services Parents agree who the father is and waive their right to free genetic testing through the CSEA Parents agree who the father is and waive their right to free genetic testing through the CSEA

Administrative Order Party requests Title IV-D Services Party requests Title IV-D Services Application/Intake Interview – minors need a parent/guardian’s consent; to sign forms Application/Intake Interview – minors need a parent/guardian’s consent; to sign forms Genetic Testing is scheduled; free to parties Genetic Testing is scheduled; free to parties If mother or father fail to submit to testing, a court action can be filed If mother or father fail to submit to testing, a court action can be filed

Judicial Order Determines paternity if the administrative process fails Determines paternity if the administrative process fails Parties are requested to appear in court Parties are requested to appear in court An alleged father can be defaulted as the legal father if he fails to submit to ordered genetic testing An alleged father can be defaulted as the legal father if he fails to submit to ordered genetic testing

Birth Certificate A legal record A legal record Father’s name can only be added if determining paternity at the same time (Welfare Reform – PRWORA) Father’s name can only be added if determining paternity at the same time (Welfare Reform – PRWORA) Last name of the child; changing it Last name of the child; changing it

Benefits of Legal Paternity Relationship Relationship Medical Medical Custody & Visitation Rights can be requested Custody & Visitation Rights can be requested Financial (inheritance, social security, life insurance, etc) Financial (inheritance, social security, life insurance, etc) Child Support (paternity must be done first) Child Support (paternity must be done first)

Child Support OAC 5101: OAC 5101: * Parents have the responsibility for support of unmarried minor’s children * Admin or judicially – all of the minor’s parents can be requested to pay support for the child Cash Medical Support (newly implemented by Congress) Cash Medical Support (newly implemented by Congress)

Parental Rights & Responsibilities An unmarried mother who gives birth to the child is the sole residential parent and legal custodian of the child An unmarried mother who gives birth to the child is the sole residential parent and legal custodian of the child A father can ask the court for visitation or shared custody A father can ask the court for visitation or shared custody

Parental Rights & Responsibilities Adoption - Does a minor parent need her parent's permission in order to give her baby up for adoption? Adoption - Does a minor parent need her parent's permission in order to give her baby up for adoption? No. A minor has the right to give up his or her baby for adoption and does not need permission to do so. Minor parents have the same rights and responsibilities as adult parents. The adoption also cannot be undone because the biological parents were minors when they made the decision to give the baby up for adoption.

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

Custody & Visitation Matters (Columbus Bar Association: Family Law)

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

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

Do you know the Answers? The father is deceased. How can I prove that he is the father? The father is deceased. How can I prove that he is the father?

Another Question How old does my child need to be to have genetic testing? How old does my child need to be to have genetic testing?

Final Question Can DNA testing differentiate the real father of a child if there are two alleged fathers and both are identical twins? Can DNA testing differentiate the real father of a child if there are two alleged fathers and both are identical twins?

Additional Resources s/family/ s/family/ s/family/ s/family/ snewonsite.stm snewonsite.stm snewonsite.stm snewonsite.stm paternity.com paternity.com paternity.com paternity.com

Questions? Thanks! Monika & Brett Franklin County Child Support Enforcement Agency