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I live in Oklahoma and posted the following question on the Divorce forum:

My boyfriend and I have lived together for almost four years and we have one child together. I do not use his last name, we have never filed joint income tax, and we don't have a joint checking account. Will I have to file for divorce in order to get out of this relationship?

I Am Always Liable responded:

Since, by living in Oklahoma, and having a child out of wedlock, I would think that you cannot, by any stretch of the imagination be "competent". In that instance, then I would opine that you are not married.

My question now is...Do I need to go to court to establish custody of the child or just issue an order for him to pay child support? When she was born, they gave her my maiden name as her last name, and did not list her father on the birth certificate. We signed the paternity papers and had her name changed to his last name and his name put on the birth certificate.

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