New York, NY asked in Child Custody and Family Law for Oklahoma

Q: If my husband signs my daughters birth certificate, what legal standing does her biological father have?

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1 Lawyer Answer
Charles Watts
Charles Watts
  • Divorce Lawyer
  • Licensed in Oklahoma

A: By default a child born of a marriage is presumed to be a child of that marriage, therefore any challenge to that has to be brought by a challenging party claiming to have rights. I assume based on your question your husband and the biological father are not one in the same. Therefore, even if your husband signs the birth certificate, the biological father will have rights, however, they will have to file a petition to establish paternity (within the Statue of Limitations). During the case the judge will hear evidence and most likely order a DNA test upon which the biological father will then be proven or disproven to be the father. If proven as the father, he will have 100% rights as a father and would be entitled to regular parental rights (including being able to be on the birth certificate and also fight for sole/joint custody or visitation).

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