Q: How does paternity work in Oklahoma when mother was married to another man?
My husband and I currently have full guardianship if our two nieces. The mother was married to another man when both children were conceived. On the 1st child and acknowledgment of Pateenity was signed by the mother and father and the mother's husband signed stating he wasn't the father. On the 2nd child, no no AOL was signed. From what I read on oklahoma paternity laws, the mother's husband name goes on the birth certificate if no AOL was signed by the biological father and mother. How does paternity work in Oklahoma when the mother conceives a child with another man other then her husband?
A:
If the parents were married to each other at the time of the child's birth, the mother's husband is presumed to be the father.
To rebut this presumption, you have to file a paternity suit in court.
In general, if the the parents were married to each other at the time of the child's birth, you must file the paternity suit before the child turns two years old.
However you can file a paternity suit at any time if:
1. The husband 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 husband never openly held out the child as his own.
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