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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Trying to Get Some Info Before My Custody Battle

    My question involves paternity law for the State of: Oklahoma

    I am not with the mother of my alleged child. She had her fiancee of less than 6 months sign as the paternal father on the birth certificate, without a paternity test. She denied me all rights, and I sent the neccissary paperwork off for a court-ordered paternity test. She is trying to move from Oklahoma to Virginia the end of January with my alleged son who was born November 16th.

    I was wondering if I could get some answers on if him signing the birth certificate without a DNA test is legal, and also if I can put a limitation on how far she can move away from me if the DNA test proves that he is my child. I am in the military now and I cannot travel more than 250 miles away from post without taking leave.

    Any help would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Trying to Get Some Info Before My Custody Battle

    Signing the AOP without a prior DNA test is not necessarily illegal - but in order to prove (for example) fraud, you would have to show that BOTH parties knew that Other Guy could not have been the biological father and that's going to be nigh on impossible. It's probably best to let that go. For all you know, he could be the biological father too, and all Mom needs to do is say, "Well I thought it was my fiance - I had sex with them both around the date of conception".

    If you're military, it's going to be very difficult for you to prevent Mom from relocating out of state with the child.

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