Legal Rights of Teenage Mothers and Fathers

1. 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

2. Focus Areas Legal Parentage * Administrative Process * Judicial Process Child Support & Minor Parents Parental Rights & Responsibilities Custody & Visitation Establishing the legal relationship between a man and a child - parentageEstablishing the legal relationship between a man and a child - parentage

3. Legal Parentage Paternity is the legal process of determining the existence or nonexistence of a father-child relationship 3 methods for children born out of wedlock APA – Minors can sign this, an Admin Order through DNA testing, Judicial Order through DNA testing or by the courts decision based upon facts and evidence APA – Minors can sign this, an Admin Order through DNA testing, Judicial Order through DNA testing or by the courts decision based upon facts and evidence

4. Acknowledgment of Paternity Affidavit 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 Parents agree who the father is and waive their right to free genetic testing through the CSEA

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

6. Judicial Order Determines paternity if the administrative process fails 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

7. Birth Certificate A legal record Father’s name can only be added if determining paternity at the same time (Welfare Reform – PRWORA) Last name of the child; changing it Personal Responsibility and Work Opportunities Reconciliation Act Personal Responsibility and Work Opportunities Reconciliation Act

8. Benefits of Legal Paternity Relationship Medical Custody & Visitation Rights can be requested Financial (inheritance, social security, life insurance, etc) Child Support (paternity must be done first) If parents are not married, the importance of this is stressed!!If parents are not married, the importance of this is stressed!!

9. Child Support OAC 5101: 1-32-04 * 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)

10. Parental Rights & Responsibilities 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 The CSEA does not have jurisdiction over shared parenting, custody and visitationThe CSEA does not have jurisdiction over shared parenting, custody and visitation

11. Parental Rights & Responsibilities 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. http://www.teenparents.org/

12. Parental Rights & Responsibilities 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.  http://www.teenparents.org/ decides visitation is in the child's best interest decides visitation is in the child's best interest

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

14. Do you know the Answers? Can the parents complete a Paternity Affidavit if neither one is a U.S. citizen? Answer: Yes, as long as the child was born in Ohio, or one or both of the parents live in Ohio.  Answer: Yes, as long as the child was born in Ohio, or one or both of the parents live in Ohio.  

15. 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 Affidavit is a voluntary form to be completed by both biological parents. If either parent is unavailable or unwilling to sign the Affidavit, the other parent may pursue paternity establishment through genetic testing at the Child Support Enforcement Agency (CSEA) or through court.The Affidavit is a voluntary form to be completed by both biological parents. If either parent is unavailable or unwilling to sign the Affidavit, the other parent may pursue paternity establishment through genetic testing at the Child Support Enforcement Agency (CSEA) or through court.

16. Do you know the Answers? The father is deceased. How can I prove that he is the father? You may contact your local CSEA to see if they can assist you. You may need to pursue the matter through court. You may contact your local CSEA to see if they can assist you. You may need to pursue the matter through court.

17. Another Question How old does my child need to be to have genetic testing? Genetic testing can be performed on newborns. All of Ohio's CSEAs can perform buccal swab testing, which takes a sample from the inside of the cheek instead of a blood sample.Genetic testing can be performed on newborns. All of Ohio's CSEAs can perform buccal swab testing, which takes a sample from the inside of the cheek instead of a blood sample.

18. Final Question Can DNA testing differentiate the real father of a child if there are two alleged fathers and both are identical twins? No, identical twins have the same genetic make-up. Fraternal twins can be differentiated.No, identical twins have the same genetic make-up. Fraternal twins can be differentiated.

19. Additional Resources http://www.just4dads.org http://www.alllaw.com/topics/family/ http://www.teenparents.org/ http://jfs.ohio.gov/Ocs/whatsnewonsite.stm http://www.oh-paternity.com

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