My hubby & I found out that my daughter is not his (she was born before we were married) and now we are getting a divorce. Can we file as if we had no children since she is not his biological child but carries his name? We are in Oklahoma.
Thanks
2007-02-08 17:36:38 · 9 answers · asked by CURIOUSSAM 2 in Family & Relationships ➔ Marriage & Divorce
Yes his name is on the birth certificate becuase we thought she was his daughter. Now we have proof is she is not, he doesnt want anything to do with her. She is 4 years old.
2007-02-08 17:43:12 · update #1
If he is listed on the birth certificate then he is a legal guardian. He would have to sign over his rights. Otherwise he will be obligated to pay child support etc. For your daughter's sake I hope she is not old enough to know what is going on if this is the route the two of you have chosen. Good luck.
I just saw the info you added. What a lousy SOB!!!! Regardless of the issues going on between the two of you he has to be one heartless sack of !@#$ to do her that way. Her heart will be broke, but in the long run she will be better off without him.
2007-02-08 17:44:05 · answer #1 · answered by mccmb02 2 · 0⤊ 0⤋
There is a difference between legal and biological paternity.
Whether or not she is biologically his child, the law recognise her as her child (as an adopted child would be).
So, you must file as couple with children, plan visitation, and child support. He will own child support even if he does not want visitation. Go see a lawyer, and get your rights in clear.
And, like the others, I share my lack of respect for a man who behaves in that manner toward a child.
2007-02-08 19:18:01 · answer #2 · answered by OneLilithHidesAnother 4 · 0⤊ 0⤋
Found this for you, I attached the link also. Remeber that as far as she is concerned, he is her father... Put her needs first, because I am sure this is devistating to her.
Oklahoma Statutes Citationized
Title 43. Marriage
Section 109.2 - Determination of Paternity, Custody and Child Support
Cite as: O.S. §, __ __
Except as otherwise provided by Section 3 of Title 10 of the Oklahoma Statutes, in any action concerning the custody of a minor unmarried child or the determination of child support, the court may determine if the parties to the action are the parents of the children. If the parties to the action are the parents of the children, the court may determine which party should have custody of said children, may award child support to the parent to whom it awards custody, and may make an appropriate order for payment of costs and attorney's fees.
2007-02-08 17:39:46 · answer #3 · answered by katiebug 5 · 1⤊ 0⤋
Is he listed as the father on the birth certificate? If so, she is legally his. This is a court issue to settle before the divorce happens.
2007-02-08 17:41:36 · answer #4 · answered by Pam B 1 · 0⤊ 0⤋
What a #$%@#$%@#$%#$
she is a child and he raised her as his!!!!!
What's wrong with him?
Good riddance!
But no, I think the childs name will be on the divorce paper as you will get full custody. You probably will need a divorce education for parents class. And get therapy because your daughter is going to need it to understand why daddy isn't daddy anymore.
If this is his attitude, he was probably a worthless father anyway.
2007-02-08 18:05:51 · answer #5 · answered by moabmusher 2 · 0⤊ 0⤋
It depends on the laws of your state. Is he planning on still caring for the child ? I think you need to change your child's last name, but you will still have to file as though you both have children, because legally they are going to says he is his child.
2007-02-08 17:44:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It's like he adopted her. He's still responsible to pay child support.
2007-02-08 18:40:59 · answer #7 · answered by RunSueRun 5 · 0⤊ 0⤋
no because,she was living with yall
and yall were supporting her financially so you have a child
2007-02-08 17:43:57 · answer #8 · answered by ? 2 · 0⤊ 0⤋
Unless he formally adopted her then she is not his child...
2007-02-08 17:40:10 · answer #9 · answered by Anonymous · 0⤊ 1⤋