Complicated divorce/child custody... help!

[itzstr]

@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.

Yes I agree Thank you

 

[Just Blue]

Yes I agree Thank you

May I ask why you and the stbx didn't resolve paternity when she was born?

 

[Zigner]

May I ask why you and the stbx didn't resolve paternity when she was born?

Actually, they did. By getting married before the child was born, the child became the husband's legal child. There was no AOP required.

 

[Just Blue]

Actually, they did. By getting married before the child was born, the child became the husband's legal child. There was no AOP required.

They could have taken care of the legalities at that time...unless of course their intent was to pass the baby off as hubbies.

 

[Ohiogal]

Legally he is the father of the child. He cannot dispute his paternity at this juncture:

A presumed father may sign a denial of his paternity. The denial is valid only if:

1.	An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 20 of this act;

2.	The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury;

3.	The presumed father has not previously: a. acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 15 of this act or successfully challenged pursuant to Section 16 of this act, or b. been adjudicated to be the father of the child; and

4.	The denial is signed not later than two (2) years after the birth of the child.

Cite as Okla. Stat. tit. 10 , § 7700-303

Hence there is no guarantee that he will not be forced to pay child support or ordered to do so at some point in the child's minority.

 

[LdiJ]

Actually, they did. By getting married before the child was born, the child became the husband's legal child. There was no AOP required.

Slight variation on that. There is a presumption of legal paternity if the child was born during the marriage. If he got on the birth certificate than I agree he is the child's legal father. If by any chance he didn't get on the birth certificate then its still a presumption rather than a fact. Presumptions can be overcome and therefore it might be possible to overcome that presumption as part of the divorce action.

 

[Zigner]

Slight variation on that. There is a presumption of legal paternity if the child was born during the marriage. If he got on the birth certificate than I agree he is the child's legal father. If by any chance he didn't get on the birth certificate then its still a presumption rather than a fact. Presumptions can be overcome and therefore it might be possible to overcome that presumption as part of the divorce action.

His name will be on the birth certificate unless he signed a "Husband’s Denial of Paternity" form (03PA210E).

 

[Ohiogal]

Slight variation on that. There is a presumption of legal paternity if the child was born during the marriage. If he got on the birth certificate than I agree he is the child's legal father. If by any chance he didn't get on the birth certificate then its still a presumption rather than a fact. Presumptions can be overcome and therefore it might be possible to overcome that presumption as part of the divorce action.

If you actually didn't have me blocked, you would see I posted the ACTUAL LAW on it. Unless he took four steps (including doing such BEFORE the child turned 2, he is the child's legal father.

 

[itzstr]

May I ask why you and the stbx didn't resolve paternity when she was born?

May I ask why you and the stbx didn't resolve paternity when she was born?

guess it wasn’t inconvenient until child support was mentioned

 

[Just Blue]

Legally he is the father of the child. He cannot dispute his paternity at this juncture:


Hence there is no guarantee that he will not be forced to pay child support or ordered to do so at some point in the child's minority.

Thank You OG for posting that information.

 

[Just Blue]

guess it wasn’t inconvenient until child support was mentioned

You can ask for support...he can ask for custody.

 

[itzstr]

You can ask for support...he can ask for custody.

Well im not asking for child support, it was just mentioned when I filed for divorce. He doesn’t want to pay CS and he was advised that the state could still make him pay it so that’s why he’s challenging the paternity to give up custody of the child to avoid paying CS

 

[not2cleverRed]

Legally he is the father of the child. He cannot dispute his paternity at this juncture:

Hence there is no guarantee that he will not be forced to pay child support or ordered to do so at some point in the child's minority.

It sounds like, from what you cited (Okla. Stat. tit. 10 , § 7700-303), that the husband had 2 years to contest paternity, and with the child being 3 years old, that ship has sailed.

It's horrible for children when people play house.

Well im not asking for child support, it was just mentioned when I filed for divorce. He doesn’t want to pay CS and he was advised that the state could still make him pay it so that’s why he’s challenging the paternity to give up custody of the child to avoid paying CS

If the divorce is in OK, that does not appear to be a legal option, per OG's post.

How is he going to convince bio daddy to take up the mantle of daddy?

 

[Just Blue]

Well im not asking for child support, it was just mentioned when I filed for divorce. He doesn’t want to pay CS and he was advised that the state could still make him pay it so that’s why he’s challenging the paternity to give up custody of the child to avoid paying CS

Be prepared for your child to have emotional issues stemming from this cavalier attitude. She is very young, but the sudden disappearance of her father figure will likely stay in her sub-conscience and affect her sense of security.

An incredibly selfish and cruel game you and your hubby played on this little girl.

 

[itzstr]

Be prepared for your child to have emotional issues stemming from this cavalier attitude. She is very young, but the sudden disappearance of her father figure will likely stay in her sub-conscience and affect her sense of security.

An incredibly selfish and cruel game you and your hubby played on this little girl.

I am not playing a game or “playing house” I removed us from an verbally and emotionally abusive household and am trying to do the best for her. I work my ass off to provide for her without any help so your rude comments are not accepted here.