2006 Ohio Revised Code - 3111.28. Action to rescind acknowledgment based on fraud, duress or material mistake of fact.

§ 3111.28. Action to rescind acknowledgment based on fraud, duress or material mistake of fact.
 

After an acknowledgment becomes final pursuant to section 2151.232 [2151.23.2], 3111.25, or 3111.821 [3111.82.1] of the Revised Code, a man presumed to be the father of the child pursuant to section 3111.03 of the Revised Code who did not sign the acknowledgment, either person who signed the acknowledgment, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. The court shall treat the action as an action to determine the existence or nonexistence of a parent and child relationship pursuant to sections 3111.01 to 3111.18 of the Revised Code. An action pursuant to this section shall be brought no later than one year after the acknowledgment becomes final. The action may be brought in one of the following courts in the county in which the child, the guardian or custodian of the child, or either person who signed the acknowledgment resides: the juvenile court or the domestic relations division of the court of common pleas that has jurisdiction pursuant to section 2101.022 [2101.02.2] or 2301.03 of the Revised Code to hear and determine cases arising under Chapter 3111. of the Revised Code. 
 

HISTORY: 148 v S 180. Eff 3-22-2001.
 

Not analogous to former RC § 3111.28 (144 v S 10; 145 v H 173; 146 v H 167; 147 v H 352), repealed 148 v S 180, § 2, eff 3-22-2001.