State= Oklahoma
As a teen my son believed himself to be the father of a child with his ex girlfriend and signed the birth certificate. He was never allowed to see the child so he filed for vistation. During this court hearing in 1998, the mother's attorney wanted visitation denied because they no longer felt my son was the father, yet, they had refused a DNA test before court. In spite of this, the court set visitation and child support which he began to pay but they would never let him see the child. The girl sent him a message thru friends(not in writing)that he was not the father and she was moving with the child out of state. He had just joined the military and wound up being in boot camp for over a year.(kept breaking his foot). He came back, tried to find them....no luck and stupidly went on with his life. They are now back and wanting back child support ect. They did not use the word "biological" father in the documents so they are filing on the birth certificate sig. Plus, the grandmother is filing and it does not show that she has legal custody. If he is the father, he will pay. But, there is now reasonable doubt. How does he file to set aside the voluntary declaration of paternity and get the court to order DNA tests before he is ordered to pay? He just went back to college after Irag and New Orleans duty and has only the $$ that a college student has. We are trying to find a sliding scale attorney because his hearing is March 31. I would just appreciate a little more info on what procedure and forms to amend the declaration in Oklahoma courts.
Thank you very much for any help
Diane
As a teen my son believed himself to be the father of a child with his ex girlfriend and signed the birth certificate. He was never allowed to see the child so he filed for vistation. During this court hearing in 1998, the mother's attorney wanted visitation denied because they no longer felt my son was the father, yet, they had refused a DNA test before court. In spite of this, the court set visitation and child support which he began to pay but they would never let him see the child. The girl sent him a message thru friends(not in writing)that he was not the father and she was moving with the child out of state. He had just joined the military and wound up being in boot camp for over a year.(kept breaking his foot). He came back, tried to find them....no luck and stupidly went on with his life. They are now back and wanting back child support ect. They did not use the word "biological" father in the documents so they are filing on the birth certificate sig. Plus, the grandmother is filing and it does not show that she has legal custody. If he is the father, he will pay. But, there is now reasonable doubt. How does he file to set aside the voluntary declaration of paternity and get the court to order DNA tests before he is ordered to pay? He just went back to college after Irag and New Orleans duty and has only the $$ that a college student has. We are trying to find a sliding scale attorney because his hearing is March 31. I would just appreciate a little more info on what procedure and forms to amend the declaration in Oklahoma courts.
Thank you very much for any help
Diane