• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Complicated divorce/child custody... help!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

itzstr

Member
What is the name of your state? Oklahoma.
I’m going through a divorce and the child involved is not my soon to be ex husbands. He doesn’t want to pay child support and wants to give up his rights and give me full custody of my child. He’s been avoiding signing any papers I sent him (since he now resides in Florida) causing our case to drag along for months now and now he’s planning on challenging the paternity to avoid playing child support. Is there any other way to do this? Or will this even work? He said doing this will take a while and even add some court dates and I just want to get divorced and keep my baby so we can move on with our lives. Thank you in advance for any information/ advise!
 


Just Blue

Senior Member
What is the name of your state? Oklahoma.
I’m going through a divorce and the child involved is not my soon to be ex husbands. He doesn’t want to pay child support and wants to give up his rights and give me full custody of my child. He’s been avoiding signing any papers I sent him (since he now resides in Florida) causing our case to drag along for months now and now he’s planning on challenging the paternity to avoid playing child support. Is there any other way to do this? Or will this even work? He said doing this will take a while and even add some court dates and I just want to get divorced and keep my baby so we can move on with our lives. Thank you in advance for any information/ advise!
How old is the child? Is the child the result of adultery? Has your husband always known he wasn't the biological father? I assume you had a DNA test done to make sure that STBX isn't the biological father??
 
What is the name of your state? Oklahoma.
I’m going through a divorce and the child involved is not my soon to be ex husbands. He doesn’t want to pay child support and wants to give up his rights and give me full custody of my child. He’s been avoiding signing any papers I sent him (since he now resides in Florida) causing our case to drag along for months now and now he’s planning on challenging the paternity to avoid playing child support. Is there any other way to do this? Or will this even work? He said doing this will take a while and even add some court dates and I just want to get divorced and keep my baby so we can move on with our lives. Thank you in advance for any information/ advise!
How old is the child? How long have you been married? Was your child born during your marriage? If not, is your soon to be ex been declared the legal father? Did he sign an AOP?

If he is not the legal parent of the child, he has no obligation to pay any child support for the child.
 

not2cleverRed

Obvious Observer
1) Did your husband adopt the child? Or was this a case of him just signing an AOP (fraudulently)? Step-parent adoptions are legally binding, BTW.
2) Do you know where the biological father is?
3) How old is the child? Disestablishing paternity of a 6 month old is different from disestablishing paternity of a 10 year old.
 

itzstr

Member
How old is the child? Is the child the result of adultery? Has your husband always known he wasn't the biological father? I assume you had a DNA test done to make sure that STBX isn't the biological father??
She will be 3 next May. I was pregnant when we got married and yes he knew and yes to the test
 

itzstr

Member
How old is the child? How long have you been married? Was your child born during your marriage? If not, is your soon to be ex been declared the legal father? Did he sign an AOP?

If he is not the legal parent of the child, he has no obligation to pay any child support for the child.
she will be 3 next May. 2 years and yes born in the marriage. I’m not asking him to pay child support but he wants to be 110% sure that he’s not going to
 

itzstr

Member
1) Did your husband adopt the child? Or was this a case of him just signing an AOP (fraudulently)? Step-parent adoptions are legally binding, BTW.
2) Do you know where the biological father is?
3) How old is the child? Disestablishing paternity of a 6 month old is different from disestablishing paternity of a 10 year old.
1- No she was born in the marriage.
2- no
3- she will be 3 next May
 

Just Blue

Senior Member
She will be 3 next May. I was pregnant when we got married and yes he knew and yes to the test
Might be too late. Is the man whom you believe to be the father aware he may have a child? Is he willing to establish paternity?
 

Just Blue

Senior Member
@Ohiogal

I'm tagging a family law attorney/GAL who volunteers here to review your thread. I wasn't able to find a good source for OK on disestablishing paternity ...she will have better resources.

But from what I can tell...it seems like it's too late.

This was a really terrible situation to place your child in.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top