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Thread: Intentional Paternity Fraud by Mother - rights of father(s) Oklahoma

  1. #1

    Default Intentional Paternity Fraud by Mother - rights of father(s) Oklahoma

    A close family member is 8 1/2 months pregnant with a baby and doesn't know for sure who the father is but after doing the math realized it's definitely not her boyfriends baby. They had gotten in an argument at one point and she slept with an ex-boyfriend, then when she got pregnant, decided to raise it with the new boyfriend. She admitted to him it could be the ex-boyfriends baby but was confused about which one she was with in which month. Fast forward to now - the past 8 months she's been back and forth with the new boyfriend, fighting one week and then saying they're getting married the next. I offered to genuinely help out with the baby and take on the role of the father (I'm female) because I have a stable life, career, home, marriage, etc and can afford to assist emotionally and financially. However, every time I've told her it's going to be okay and that I'll be there for her, she snaps back with wanting me to buy her an engagement ring - she's joking, but it's offensive because I'm opening my home and heart to help and she only seems to care about a ring on her finger, even if she thinks it's funny.

    She's planning to have the new boyfriend sign the birth certificate because he offered to be the baby's dad. He's not the same race as the baby so it will be obvious in the hospital that he's not the biological dad. They also aren't planning to get married soon because they're so back and forth every few days.

    My question is this: If he signs the birth certificate in the hospital in Oklahoma, is he legally obligated to stay the father even if he can prove through paternity later it's not his? (He knows it's not his now) Also, what if the biological father wants custodial rights to the child? She brags that she lives in a mother state and if she wants to screw over the dads in her life she can and the state will side with her. (she has 2 kids with 2 other fathers previously) I researched online myself and everything I've found says the new boyfriend shouldn't sign the birth certificate, but get an AOP (acknowledgement of paternity) and adopt the baby later. However, I've read that the biological father should have rights to the baby even though she doesn't want to be with him. She thinks she's in the right and called me crazy for not supporting her decision to lie. She insists it's what the new boyfriend wants and refuses to hear me out. Am I over-reacting to not wanting her to commit paternity fraud? She claims this is totally normal where she lives and women do this sort of thing all the time. My concern is for the well-being of the child and this seems like a horrible idea. My attorney can't talk until tomorrow so I wanted to ask on the forums before paying him for a phone call. Any information or opinions on this matter are greatly appreciated. Thanks in advance.

  2. #2

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    If he is NOT the Father he should not sign anything!!

  3. #3
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    If he acknowledges paternity then he's on the hook as the legal father for the next 18 years, which means child support. Even if it is proven that he is not the biological father, that's it. I don't know off the top of my head what the SOL is on that in your state but after it passes (and it will not be long) neither he nor the mother can do anything to change it, regardless of DNA tests or other proof. Even if not biologically, the child WILL be his, period. ONLY the biological father will have the right to challenge it, and depending on how long after the fact it is, he may or may not be permitted by the court to do so. See, the courts generally don't think it's very good for the child to suddenly be told, Oh, the guy you've thought of as your Dad isn't your Dad any more, someone else is. That tends to set up emotional issues, at best. Deliberately rejecting the child in such a way is not going to be considered 'the best interest of the child' and that's what matters here. Not what Mom thinks she wants today. Not what BF is overlooking in order to keep his parts stroked.

    So tell your "close family member" that she's an idiot. Tell her I said so. And tell her BF to run while he still can.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  4. #4
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    What cbg said, only I would have been less polite.

  5. #5
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    What and the various contenders for "father" do is totally up to them. Assuming bf wants to claim fatherhood, he can do so. This makes him the legal father, period. Biology is not a requirement for paternity. Millions love and parent children they do not share DNA with every day. The bio father can challenge this is court for some period of time. http://oklaw.org/issues/family/paternity Gives her/him/them a starting point.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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