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126 Ohio App. 3d 476

710 N.E.2d 778

Fitzpatrick v. Fitzpatrick

Ohio Court of Appeals

Decided March 2, 1998

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Ohio Court of Appeals · decided 1998-03-02

Good law ✅— No negative treatment on recordhow we know

Decided 1998-03-02

How this case has been cited

Cited by 9 later decisions — most recently June 2023

9 state decisions

601998200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Koehler, Judge,

¶1 dissenting.

¶2 Joseph wants the record to reflect the facts of his birth, rather than the fiction created by his mother’s decree of divorce.

¶3 The juvenile court stalled determination of paternity on jurisdictional grounds. Now the majority holds that the domestic relations division does not have the jurisdiction to resolve the problem.

¶4 Joseph attempted intervention in this cause to “modify” or “vacate” that portion of the decree which created the problem confronting him.

¶5 It appears to me that a paternity action in juvenile court could tangentially be a solution. However, upon proper evidence the domestic relations court has continuing jurisdiction to set the record straight. Therefore, I would reverse the judgment of the trial court and remand the cause to the trial court for evidentiary hearing and an appropriate modification of the decree establishing parentage and allocation of parental rights and support for Joseph. Accordingly, I respectfully dissent.

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