COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective February 1, 1990 unless otherwise noted
(A) Except as provided in R.C.3111.381, no person may bring an action to establish the parent and child relationship before requesting an administrative determination of the existence or nonexistence of a parent and child relationship from the Child Support Enforcement Agency. The person filing a complaint to establish the parent and child relationship shall allege in the complaint that he/she has requested an administrative determination of the existence or nonexistence of the parent and child relationship from the Child Support Enforcement Agency, and that the administrative process is complete. The person filing a complaint to establish the parent and child relationship shall attach to the complaint a copy of the administrative order or notice issued by the Child Support Enforcement Agency. All complaints to establish the parent and child relationship shall be filed in duplicate.
(B) Upon the completion of the administrative process to determine the existence or nonexistence of a parent and child relationship by the Child Support Enforcement Agency, including the entry of an administrative child support order, either parent may file a complaint requesting the court to issue a child support order for the minor child. At the time of filing the moving party shall attach to the complaint a copy of the following: the administrative order for payment of child support; the additional order and notice to the parties; the administrative withholding notice to the employer; the child support guideline worksheet prepared by the Child Support Enforcement Agency calculating the amount of the child support order. All pleadings must be served on the Child Support Enforcement Agency.
(C) All complaints filed pursuant to R.C.3111 shall be governed by the Ohio Civil Rules. Upon the filing of the complaint, the case shall be scheduled for hearing before the assigned magistrate. A notice of hearing shall be issued to the appropriate parties along with the service of the complaint.
(D) A Parentage Complaint Shall Not Be Adjudicated Upon The Merits Until At Least Twenty Eight (28) Days Have Elapsed Since Proof Of Service Of The Complaint And Notice Of Hearing Has Been Filed.
(E) a parentage complaint may be set for a drop list hearing by the court upon notice to the parties or counsel of record issued by the assignment commissioner. If good cause to retain the action is not shown, the complaint may be dismissed (F) After parentage is established, the Magistrate may require motions for temporary orders to be submitted and determined without oral hearing upon affidavits in support or opposition.
Amended effective 7/23/92; 7/1/95; 1/1/00; 8/1/04; 12/14/09; 4/1/12