FRANKLIN COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Juvenile Branch
Effective February 1, 1990 unless otherwise noted

JUVENILE RULES
 
 

RULE 6:

Parentage cases

            (A) 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.  When at least twenty-eight (28) days have elapsed since proof of service of the complaint has been filed, the Assignment Commissioner shall schedule the case for default hearing and notices shall be mailed to the parties and the plaintiff's counsel.

            (D) When an Answer is filed, upon the request of any party or their attorney notices of a pre-trial hearing shall be mailed to the parties and counsel by the Assignment Commissioner.

            (E) If no request for hearing is made within three months of the date of filing or the case is deemed inactive by the Assignment Commissioner then the case shall be scheduled for a drop list hearing and notices shall be mailed to the parties and the plaintiff's counsel by the Assignment Commissioner.

            (F) At the pretrial hearing the Court may set the case for further pretrial or trial.

            (G) 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