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Can I file a motion for a paternity test In Oklahoma if ex-wife is claiming child isn't mine but I pay child support

Lawton, OK |

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?

Attorney Answers 2

Posted

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.

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3 comments

Asker

Posted

Ohm, I forgot to mention. My daughter was born in Texas and has a Texas birth certificate and in Texas the law is 4 years to contest paternity unlike Oklahoma whihc is two years but our divorce is an oklahoam divorce. What can I do?

Kevin H. Pate

Kevin H. Pate

Posted

A question you should ask yourself, no need to answer publicly, is did you doubt your role as father before she played her surprise on you? Frankly, being dad is way more than biology. If you are looking for an out, you are welcome to look. If you are looking to assert you rights as dad, you are in a decent position to do so 8th your ex is not honoring the terms of the decree. Which way you leap is for you to decide. Best wishes for a result that works for you

Asker

Posted

At first I didn't but then I did after she said she had cheated and how she basically keeps the child from me. We divorced shortly after the child was born and I have been around the child very little in her 3 years because my ex doesn't allow me to see her much, despite our visitation order plus I'm military so I sometimes ask to see her even when it's not an ordered visitation day but she refuses; and I can't go to El PAso everyday. My ex was very emotionally and physically abusive and controlling. I have done everythgin I can to be a father but she makes it difficult because I no longer am or want to be her husband. So she uses the kid as a pawn and it's driving me crazy. So yes, I want to know for sure if I am the faterh or not because at this point she is literally driving me crazy and I want my ex completely out of my life or if the child is really mine then I need to go to court and force her to abide by the decree because she is not. But sicne she is adamant that i am not the father then I would like a paternity test to prove one way or the other before I continue to deal with my ex because she is literally crazy.

Posted

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.

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Asker

Posted

Ohm, I forgot to mention. My daughter was born in Texas and has a Texas birth certificate and in Texas the law is 4 years to contest paternity unlike Oklahoma whihc is two years but our divorce is an oklahoam divorce. What can I do?

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