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CARNES v. KEMP

Nos. 2003-2116, 2003-2183.

104 Ohio St.3d 629 (2004)

2004-Ohio-7107

CARNES ET AL.; SCHAEFER ET AL., APPELLANTS, v. KEMP, APPELLEE.

Supreme Court of Ohio.

Decided December 30, 2004.

Attorney(s) appearing for the Case

Legal Aid of Western Ohio and Byron K. Bonar, Springfield, for appellant Schaefer.

John D. Brunner, St. Marys, for appellant Auglaize County Child Support Enforcement Agency.

Kravitz & Kravitz, L.L.C., Max Kravitz and Kort Gatterdam, Columbus; S. Mark Weller, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, and Diane Richards Brey, Deputy Solicitor, urging reversal for amicus curiae Attorney General of Ohio.

Michael K. Allen, Hamilton County Prosecuting Attorney, and David Kelley, Assistant Prosecuting Attorney, urging reversal for amicus curiae Hamilton County Prosecutor's Office.

Ohio State Legal Services Association and Michael R. Smalz, Columbus, urging reversal for amici curiae Association for Children for Enforcement of Support and Ohio NOW Education and Legal Fund.

FRANCIS E. SWEENEY, SR., J.

{¶ 1} Deborah Carnes gave birth to Jessica Schaefer, plaintiff-appellant, on June 12, 1982. During her pregnancy, Carnes told defendant-appellee, Barrett Kemp II, that she believed he was the father. Kemp saw Jessica once, when she was two weeks old, but then moved to Texas. Carnes contacted Kemp in Texas shortly after the move. In 1984, he offered to fly her and Jessica to Texas, but this never occurred. Carnes lost touch...

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