Chabek v. Gajdos
Citations
- 234 N.E.3d 1115
- 2024 Ohio 254
Syllabus
Declaratory judgment adversarial action estate father natural son adoption birth certificate birth record declaration of paternity acknowledgment paternity R.C. 3705.09 R.C. 3705.09(G) R.C. 2105.06 out of wedlock illegitimate R.C. 3111.04 R.C. 3111.05 next of kin parent-child relationship parentage decedent. Affirmed probate court's decision against the appellant in a declaratory judgment action. An adversarial action was brought by the appellant, who was seeking to be declared a legal son of a decedent with a right to inherit from the decedent's estate. The appellant's birth record, which identified another man as his father, was established pursuant to R.C. 3705.09(G) upon a declaration of paternity, not by adoption. There is no legal basis for an amended birth certificate to effectuate an adoption. The declaration of paternity was legally determinative of the issues raised in the case.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasons for antipathy toward special verdicts in criminal trials include the doctrine of “jury nullification,” and the power of a jury “to bring in a verdict in the teeth of both law and facts”
Source: CourtListener parenthetical corpus (CC0).
Judges: S. Gallagher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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