Legal Opinion

Baston v. Sears

Ohio Supreme Court

Decided July 10, 1968No. 41259PublishedCited by 19 opinions

1Opinion of the CourtBrown, J.

It is clear that the marriage of the appellee’s mother prevented her use of the bastardy statutes to compel the father to support the appellee. Section 3111.01, Revised Code; Beam v. Ray, 111 Ohio App. 341. Nothing in Chapter 3111, Revised Code, gives an illegitimate child a substantive right to support independent of the rights of the mother. If the appellee has any enforceable right to support, it must come from somewhere other than Chapter 3111, Revised Code.

There is no common-law right for an illegitimate child to receive support from its father. 10 Corpus Juris Secundum 86, Bastards,…

2Cases cited4 opinions

  1. Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
  2. James v. HuttonMissouri Court of Appeals · 1963
  3. Baugh v. MaddoxSupreme Court of Alabama · 1957
  4. Beam v. RayOhio Court of Appeals · 1960

3Cited by19 opinions

  1. Schmoll v. CreecySupreme Court of New Jersey · 1969
  2. Jordan v. Delta Drilling CompanyWyoming Supreme Court · 1975
  3. Secretary of the Commonwealth v. City Clerk of LowellMassachusetts Supreme Judicial Court · 1977
  4. Franklin v. JulianOhio Supreme Court · 1972
  5. Brookbank v. GrayOhio Supreme Court · 1996

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