Norman, OK asked in Criminal Law, Family Law and Child Custody for Oklahoma

Q: I call this kidnapping by fraud, but how does a man ad himself to his wards birth certificate while mom is incarcerated?

Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an affidavit to the department of vital statistics that he is the baby's father which she did not sign. The birth certificate was changed. He did this because ostensibly to give the baby his name, but he has been collecting additional VA benefits because of the fraud. The mother is out, baby is 2.5- and man and his wife are refusing the mother visitation. There are no restrictions or requirements for visitation or ending the guardianship. The mother had not been accused of drug or alcohol use while pregnant and was not incarcerated for anything regarding the infant.

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

A: Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.

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