JOHNSON v. NORMAN

No. 80-884.

66 Ohio St. 2d 186 (1981)

JOHNSON, GDN., APPELLEE, v. NORMAN, APPELLANT.

Supreme Court of Ohio.

Decided May 20, 1981.


Attorney(s) appearing for the Case

Messrs. Zwelling, Benincasa, Baker & Northrup and Mr. V. J. Benincasa, Jr., for appellee.

Messrs. Gottlieb, Johnston, Beam & Joseph, Mr. Ross L. Johnston and Mr. Miles D. Fries, for appellant.


PAUL W. BROWN, J.

The issue presented in the instant cause is whether a minor child is barred from pursuing an action for support and maintenance when his mother has previously dismissed, with prejudice, a paternity suit against the putative father. For the reasons expressed below, we hold that such minor child is not barred from pursuing his own action for support and maintenance against the putative father.

A father at common law had a duty to support his...

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