[selfless1]

This girl my husband had a filg with. Had her husband sign the birth certificate of the child she was pregnant with she says she knew the baby wasn't his and so did he but they didn't want to know who the real father was. Now that marrige is falling apart and she wants him to take a dna test so that her ex can't get custody of the little girl who is 2yrs now. And she want back child support and monthly child support if its his. He would rather let the man who the chld has always known as her father file for custody because he doesn't believe what the mother of the child is doing is right. We are in Oklahoma what are his options. We have a child of our own and he isout of a job and there is no way he can support another child. That he didn't know he even had

[ScottGem]

Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum.

In almost all US states, including OK, if a child is born to a married couple the husband is presumed to be the legal father. So there was probably nothing illegal about him signing the birth certificate.

From here it depends on local laws. Most areas have a window in which legal paternity can be challenged and rules about who can do the challenging. So the legal father may be stuck being the legal father at this point despite a paternity test.

This appears to cover the law here:
OSCN Found Document:Natural Mother of Child - Establishment of Paternity

So it would appear that the window of opportunity was 60 days and has since passed. Since the father was aware the child might not be his and acknowledged the child anyway, there seems to be no grounds for changing his legal status as the legal father.

[GV70]

So it would appear that the window of opportunity was 60 days and has since passed. Since the father was aware the child might not be his and acknowledged the child anyway, there seems to be no grounds for changing his legal status as the legal father.

No! There is a 60 days time limit ONLY for unmarried couples.
For example-a marital father can disestablish his paternity and TO GET child support back from the biological father up to child's 18th birthday in the state of Tennessee.The same is in Illinois.

[GV70]

Presumption of paternity is controlled by 10 O.S. § 7700-204, Presumption of Paternity – Rebuttal. The provision reads as follows:

A. A man is presumed to be the father of a child if:

5. For the first two (2) years of the child's life, he resided in the same household with the child and openly held out the child as his own.
B. A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6 of the Uniform Parentage Act. (Emphasis added)

[GV70]

7700-602 - Who May Maintain Proceeding to Adjudicate Parentage

Subject to Article 3 of the Uniform Parentage Act and Sections 40 and 42 of this act, a proceeding to adjudicate parentage may be maintained by:
1. The child;
2. The mother of the child;
3. A man whose paternity of the child is to be adjudicated;
4. The Department of Human Services; or
5. A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.


7700-608 - Circumstances Requiring and Effect of Denial of Motion for Genetic Testing - Factors - Incapacitated or Minor Child

A. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court shall deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged father if the court determines that:

1. The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and

2. It would be contrary to the child's best interests to disprove the father-child relationship between the child and the presumed or acknowledged father.

B. In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

1. The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;

2. The length of time during which the presumed or acknowledged father has assumed the role of father of the child;

3. The facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;

4. The nature of the relationship between the child and the presumed or acknowledged father;

5. The age of the child;

6. The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;

7. The nature of the relationship between the child and any alleged father;

8. The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and

9. Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.

C. In a proceeding involving the application of this section, a minor or incapacitated child shall be represented by a guardian ad litem.

D. If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.



7700-603 - Who May Be Joined

The following individuals may be joined as parties in a proceeding to adjudicate parentage:
1. The mother of the child; and
2. A man whose paternity of the child is to be adjudicated.


7700-607 - Limitations of Actions
A. Except as otherwise provided in subsection B of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than two (2) years after the birth of the child.
B. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time in accordance with Section 7700-608 of this title if the court, prior to an order disproving the father-child relationship, determines that:
1. The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and
2. The presumed father never openly held out the child as his own.
C. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed or acknowledged father may be maintained at any time if the court determines that the biological father, presumed or acknowledged father, and the mother agree to adjudicate the biological father's parentage in accordance with Sections 7700-608 and 7700-636 of this title. If the presumed or acknowledged father or mother is unavailable, the court may proceed if it is determined that diligent efforts have been made to locate the unavailable party and it would not be prejudicial to the best interest of the child to proceed without that party. In a proceeding under this section, the court shall enter an order either confirming the existing father-child relationship or adjudicating the biological father as the parent of the child. A final order under this section shall not leave the child without an acknowledged or adjudicated father.

[ScottGem]

Looks Like I found an older section. But I'm a little confused. Under 7700-608. It appears the courts have wide latitude to deny the bio father from obtaining a paternity test. That would indicate to me that the intent of the law is to make it difficult for to challenge an accepted paternity.

[GV70]

Looks Like I found an older section. But I'm a little confused. Under 7700-608. It appears the courts have wide latitude to deny the bio father from obtaining a paternity test. That would indicate to me that the intent of the law is to make it difficult for to challenge an accepted paternity.

No.You did not find an older section. You found a section which deals with Paternity Acknowledgments applicable to non-marital children.

[selfless1]

OK well we just found out now that she gave the child his last named but his name is not on the birth certificate. Have lived with this child and has claimed to be the father.

[ScottGem]

ok well we just found out now that she gave the child his last named but his name is not on the birth certificate. have lived with this child and has claimed to be the father.

Your response is unclear as to who is who Who's last name, who is not on the birth certificate, etc.

But the issue is, if legal paternity needs to be challenged, then an attorney needs to be consulted to determine what can be done.