Englewood, CO asked in Child Support and Family Law for Oklahoma

Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.

She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and oklahoma is going forward. Is this legal? I have never seen or been around the children in question and never given a penny to anyone adult or child involving them. I was not even in the state or been in the state since separation and signed a notorized paper for the mom from hospitals each time she popped another one out.

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1 Lawyer Answer
Melissa  Webb
Melissa Webb
  • Tulsa, OK
  • Licensed in Oklahoma

A: If you were married to bio mom when she had the child(ren), under Oklahoma law you are presumed to be the father. This presumption can be overcome by a DNA test, but you will need to request same. You indicate you "signed a notarized paper for the mom from hospitals each time she popped another one out". If the document you signed was an acknowledgement of paternity, I recommend you consult an attorney specializing in paternity lawsuits in Oklahoma immediately.

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