All law savvy bees plz help!!!!!

posted 3 years ago in Legal
Post # 3
Member
849 posts
Busy bee
  • Wedding: February 2014

@RobandLil0107:  I’m not law savvy, I doubt two years of SA LLB is worth anything to you. Surely though, a reasonable expert can calculate the day of conception based on the length of gestation you could prove that it’s not possible that he and she…erm…engaged in extra-marital coitus resulting in this unfortunate situation?

 

Post # 4
Member
2419 posts
Buzzing bee
  • Wedding: May 2013

What I know about how the law works on these matters in the US is non-existent. However, if you have a DNA test that proves he isn’t, I’d have thought she’ll have a hard job proving otherwise. That’s the whole point of DNA tests, surely?

However, if she lives in Oklahoma and you live in California, distance alone is likely to make conception impossible, surely? Or was the situation different 9 months ago?

Post # 5
Member
6812 posts
Busy Beekeeper
  • Wedding: June 2014

This website might be helpful:

http://www.okdhs.org/programsandservices/ocss/cssvcs/docs/patprocess.htm

ETA: I’d be really concerned and do whatever it takes to establish that he’s not the father. Otherwise, she could potentially come after him for child support. And establishing paternity does not always have to do with actual biological paternity – that is, some states say that if a man ever says the child is his, then the child is his and that’s the end of that discussion.

Post # 7
Member
2831 posts
Sugar bee
  • Wedding: September 2014

unless there’s a possibility that he is the father, i don’t know how she could have any proof without a dna test.

Post # 8
Member
42522 posts
Honey Beekeeper
  • Wedding: November 1999

@RobandLil0107:  Your lawyer will be the best resource but this information seems ot imply that the State of Oklahoma does accept results from private labs, even when one of the parties is living in another state.

http://www.okdhs.org/OKDHS/Templates/SecondaryPage1columnImage.aspx?NRMODE=Published&NRNODEGUID={922D9426-8449-4F80-8C0A-7ADCD68B3D68}&NRORIGINALURL=%2fprogramsandservices%2focss%2fcssvcs%2fdocs%2fpatfaq.htm&NRCACHEHINT=NoModifyGuest#pq-question9

 

Post # 9
Member
393 posts
Helper bee
  • Wedding: October 2013

Paternity is state specific. He needs to get an attorney in OK. In my state, the husband at time of conception is the presumed father but that can be rebutted by dna testing while the child is young. It’s really important that he get this taken care of now and find out, rather than be on the hook legally for child support when the child isn’t his.

Does he think the child might be his? 

Also, has he ever been to OK? Was the child conceived in OK? It might be more difficult for OK to enter child support orders against him if they don’t have personal jurisdiction over him.

 

 

 

Post # 10
Member
2076 posts
Buzzing bee
  • Wedding: July 2012

I’m confused…did your husband’s ex-wife declare him the father of the child?  Your update says she was out of state (OK or CA) for 2.5 years and that they were still married she the child was conceived.  Unless she had an affair that resulted in a child, if your DH is the father, the he’s responsible for child support. If he has reason the believe the child isn’t his, he can petition the court to order a DNA test. Distance shouldn’t play into the execution of a paternity test. 

 

Sorry, I’ve got a killer headache and some painkillers on board so I’m not thinking clearly, but the post just has me super confused. 

Post # 12
Member
293 posts
Helper bee
  • Wedding: December 2014

I’d get an OK lawyer involved immediately. I believe there is a presumption that if two people are married (or is it living together?) when a child is conceived, that the baby is the father’s. Only an OK lawyer could really help you with how to do this, but it will involve a paternity test (or maybe finding the real father?) so you’d better be pretty confident that your DH isn’t the father.

Post # 13
Member
6812 posts
Busy Beekeeper
  • Wedding: June 2014

Can we get a better timeline from you? When was the divorce? When did he move out? When’s the last time he saw her? When did he move from Ok to Cali or when did she move to Ok? When was the baby born? etc.

If they were still married when she was pregnant, I do believe she can claim him as the father and sue for child support. He will have to fight it. I think – not legal advice. My legal advice is to get a lawyer, asap.

Post # 14
Member
70 posts
Worker bee
  • Wedding: June 2014 - Dunes House - Hilton Head Island, SC

You really do need to get an attorney in Oklahoma. Unless your attorney is admitted to the bar in OK, they really can’t speak as to what the law is there, and wouldn’t be able to represent him in court there (and since mom and kid live in OK, presumably jurisdiction would be in OK).

I agree with @futuremrsk18 that he needs to get his timeline set forth for when he speaks with the attorney, and also find out what sort of paternity test would be required to disprove paternity in OK courts.

Also, he needs to find out if he was iisted as the father on the birth certificate. 

Leave a comment


Sent weekly. You may unsubscribe at any time.

Find Amazing Vendors