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. Which was a denial of paternity. The mother is not the one initiating the support its bio dads mother doing so.

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1 Lawyer Answer

Kyle Persaud

Answered

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.

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