Legal Question in Family Law in Oklahoma

Can an ex seek visitation?

Four years ago my husband and I seperated and during that time I was seeing another man. I became pregnant with his baby. He didn't want me to have the baby but I did and we broke up. Shortly thereafter, my husband and I decided to get back together and he said he would raise the baby as his own. My husband's name is on her birth certificate and 3 and a half years later, he's the only daddy she's ever known. Her biological father has never seen her or had anything to do with her. Recently though, he re-emerged and wanted to see her. When my husband and I said no he said he will take us to court for visitation rights. Can he do this since he didn't want her born, has never once seen her (or tried until now) and because my husband is listed as her father on her birth certificate?


Asked on 12/13/08, 12:35 am

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Can an ex seek visitation?

The biological father may try to do what he states, and you can argue against him. What is in the best interest of the child will be relevant to the court. In Oklahoma, "A man is presumed to be the father of a child if: ... For the first two (2) years of the child�s life, he resided in the same household with the child and openly held out the child as his own."

Read more
Answered on 12/14/08, 5:03 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oklahoma