Johnson v. Norman

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 legitimate children.1 He had no such common law duty to support his illegitimate children, however.2 In Franklin v. Julian (1972), 30 Ohio St. 2d 228, this…