MY ex-wife move out of state, I still live here due to military. My ex rarely lets me see our child and barely lets me talk to her unless I do things she wants, etc she uses our child like a bargaining chip. I always pay child support and try to see the child more often but she refuses and doesn't go by our court order in the divorce. 2 months after our child turned 2 yrs old, my ex says it's not mine. Now i know Oklahoma has a 2 year time period for establishing paternity, etc but we were married when she was pregnant now she says it's not mine right after the 2 yr mark. so i said lets take a pat test, she agreed then changed her mind and say she would sign papers to remove me as the father, but i want to be sure she is or isn't mine. can i get court to order her to take paternity test?
Criminal Defense Attorney
If the child is two, and no one has questioned paternity, your name is not going away absent someone else coming in and asserting himself as the father and the fact of the pregnancy was hidden. Mama saying you are not, with nothing more, is not going to cut the cheese.
You and your decree and custody order appear to have a real need to find your way to the office of counsel. Up to you whether you again engage your prior counsel or seek out someone new.
1 lawyer agrees
I agree with the answers of my distinguished colleagues. Retain counsel and discuss this matter in detail with counsel. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.