Paternity Flip Flop

[cutie80]

What is the name of your state? Oklahoma

Okay. My friend has a baby by a girl who now lives in Oklahoma. She married another guy while she was pregnant with my friend's kid. Paternity was established AFTER she was married to confirm that my friend is the father. However, she gave the child her husbands last name and not the biological father. She has since divorced her husband, changed the childs last name to my friends and is now suing for child support. I know that Texas law states if a woman has a baby while married then the husband becomes the legal father regardless of paternity. Is this the same for Oklahoma or is it different?

 

[rmet4nzkx]

She can file for child support since paternity is established, it is possible that the legal father will have to disestablish paternity and most likely will do that since there was a divorce, but this is allowed. If the legal father had adopted the child, that would be different.

 

[cutie80]

Wouldn't the legal father have to disestablish paternity before she could actually file suit? She tried to file in Texas and they wouldn't allow it due to the fact she was married when she had the child.