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Paternity After 8 Years but Ex Husband is on Birth Certificate and Has Custody

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  • 11-24-2009, 10:17 PM
    kristy
    Paternity After 8 Years but Ex Husband is on Birth Certificate and Has Custody
    My question involves paternity law for the State of: oklahoma

    After 9yrs my exboyfriend contacted me and now wants a paternity test on my daughter, i was not married at the time but shortly after her birth i married someone else and he is on her birth certificate as the father, he also has full custody of her now! What are our rights in this matter? do we have to do a dna test? They both knew i was pregnant and my exboyfriend let my husband take the place of the father!
  • 11-25-2009, 12:26 PM
    LawResearcherMissy
    Re: Paternity After 8 Years but Ex Husband is on Birth Certificate and Has Custody
    You knew the child was not your husband's, but let/had him sign the birth certificate anyway? That's fraud, and the courts will be very interested in that.

    That said, your ex-boyfriend may well have a difficult time of things. The legal father of the child has two years to contest paternity, but I find no provisions for an ex boyfriend to do so.

    It's unlikely that the court will be willing to upset the status quo at this late date. Regardless, you should be speaking to a family law attorney in your area.
  • 11-29-2009, 02:59 AM
    GV70
    Re: Paternity After 8 Years but Ex Husband is on Birth Certificate and Has Custody
    Quote:

    Quoting LawResearcherMissy
    View Post
    That said, your ex-boyfriend may well have a difficult time of things. The legal father of the child has two years to contest paternity, but I find no provisions for an ex boyfriend to do so.

    David V.R. v. Wanda J.D., 907 P.2d 1025 Okla

    Synopsis:
    Husband and wife had been divorced 2 years when putative father
    commenced his paternity action, child 3 ½ years old; 2-year limitation on paternity actions also applied to bar putative father, though he was deprived of knowledge of his paternity until limitation period elapsed.
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