QUESTION

Paternity, Custody. Oklahoma Is there a way to establish paternity without going to court if mom won't cooperate? Father's name on birth certificate?

Asked on Nov 20th, 2012 on Adoptions - Virginia
More details to this question:
My son is in the military. After deployment, he met a woman in a bar. He did not know she was married. She referred to her husband as her ex. She became pregnant said baby is my sons. He moved her into his house along with her older child. My sons name is on the birth certificate of the baby. Fast forward two years. She is still married to the other man. Her husband has initiated divorce proceedings. The baby is not mentioned in the divorce. My son is "done" with the relationship with the mother and wants custody of the baby. Son has been transferred to another State, but mother and child are in OK. My son has provided full support for the mother, baby and older child for almost two years. My son was told that having his name on the birth certificate does not entitle him to parental rights. He was told he would need to win a paternity suit before he could file a custody suit. No DNA testing has been done. Mother seeking welfare, will welfare dept require paternity?
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1 ANSWER

Adoption Law Attorney serving Jacksonville, FL at Ford & Miller, P.A.
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generically speaking, the husband is the legal father of the child.  There are different rules in different states on the husband's child support of the child if another man's name is on the birth certificate.  The fact that child not mentioned in divorce paperwork is going to be a problem at some point.  Welfare dept. will probably go after the husband but he will probably file a motion to disestablish paternity and if he wins, they will go after your son.  Generally speaking.  You need to talk to an attorney in the state where the mom and child now live.  
Answered on Nov 21st, 2012 at 10:06 AM

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