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  1. #1

    Default Married,husband Not Childs Bio Father

    My question involves paternity law for the State of: Oklahoma

    Ok so here goes. Not here to get bashed. I know I should never have slept with anyone else. My husband and I were having a very rough time and I messed up and went outside the marriage resulting in pregnancy. When I told the guy he said he was incapable of having children which turned out to be bull crap and his new wife can verify that. I know that my daughter is his for a fact. She is now 16 months old and him and his wife now want a paternity test. I tried for months to contact him with no response to calls, voicemails, text, or going to his job. He is saying that he wants paternity done and my husband and I dont want it. He is now in New York and has 2 other children with his wife. My husbands name is on the birth certificate and he has taken care of her from before birth. I dont think it is right that this long after the guy is coming around. Do I have to do paternity if he sends me papers for it?

  2. #2
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    Default Re: Married,husband Not Childs Bio Father

    If the court orders you, then yes - you must comply with the court order.

    § 10-7700-308. Proceeding to challenge acknowledgment or denial — Commencement — Burden of proof

    A. After the period for rescission under Section 15 of this act has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:

    1. On the basis of fraud, duress, or material mistake of fact; and

    2. Within two (2) years after the acknowledgment or denial is executed.

    B. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof, which shall be by clear and convincing evidence.

  3. #3

    Default Re: Married,husband Not Childs Bio Father

    Even with my husbands name on the BC? I read the quote but want to make sure that I understand it. After she is 2 he cannot have paternity done? He will have to go to court to press the issue correct? He cannot just go to an attorney and have them send me papers right? I just want to make sure that if he is going to do this I dont get screwed over. I want to present to the court he denied the fact of her being his when I told him I was pregnant. I gave him a chance and he didnt want it.

  4. #4
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    Default Re: Married,husband Not Childs Bio Father

    That he didn't do anything then really doesn't matter; what matters is that he has up to the 2 years after the AOP is signed to challenge it. If there was no father listed on the birth certificate/AOP, he'd actually have a LOT longer in which to establish paternity.

    He would have to file a petition with the court in Oklahoma since that's where you and the child live and have you served in OK.

    If he is allowed to establish paternity, you will also be able to file for child support....

  5. #5

    Default Re: Married,husband Not Childs Bio Father

    I dont even know what an AOP is......? I just know my husband is on the BC. I mean obviously my husband knows he is not biological father. I messed up but I owned up to my mistake. He lives in New York so he would have to come here to take care of all of this?

  6. #6
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    Default Re: Married,husband Not Childs Bio Father

    Sorry - AOP = affidavit of paternity.

    To simplify it a bit...

    Your husband is the legal father of your child. You do have an intact marriage which in some states is enough to rebut any challenge to paternity - just not in Oklahoma.

    I do apologize - I posted part of the statute that doesn't apply to your situation. The correct excerpt is:

    § 10-7700-609. Limitation in proceeding with acknowledged or adjudicated father

    A. If a child has an acknowledged father, a signatory to the acknowledgment of paternity may commence a proceeding seeking to challenge the paternity of the child only within the time allowed under Section 15 or 16 of this act.

    B. If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two (2) years after the effective date of the acknowledgment or adjudication.

    C. A proceeding under this section is subject to the application of Section 16 of this act.

    If he goes ahead and files, it will have to be adjudicated in Oklahoma.

    Do you think he's willing to go back and forth?

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