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. Which was a denial of paternity. The mother is not the one initiating the support its bio dads mother doing so.
A: If you and the mother were married at the probable time of conception, then, you are the "presumed father" of the child.
Oklahoma Statutes, title 10, Section 7700-607(B) says:
"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."
So, if you did not cohabit or engage in sexual intercourse with the mother during the probable time of conception, an you never openly held out the children as your own, then, you have the right to bring a proceeding to disprove your paternity.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.