Oklahoma City, OK asked in Divorce, Family Law and Child Custody for Oklahoma

Q: Marriage in 2006, have not lived or been together since 07-08, my children aren't his, do they need mentioned in papers?

I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and wife since late 2007 early 2008. Currently live in Caddo County and have three children ages 12, 10, and 10 months with same paternal father. My mother was contacted via Facebook by husband requesting my address, in order to send divorce petition so he can marry his current girlfriend. Received his Petition filed in Stephens County but it has my last name as the name of my children's father. I agree to divorce, but need to know what to do so that my children aren't affected negatively. They have never met husband and I don't believe they should.

1 Lawyer Answer
Pete David Louden
Pete David Louden
  • Divorce Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly.

Best of luck!

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