I divorced by has a child within 10 months but ex is not the Father. The State wants to put my Ex as the Father on the birth certificate.

Full Question:

I neex a birth certificate for my son he is 3 weeks old today. I was married but because it wasnt 10 months that we were divorced they want to put his name on my babys birth certificate. He is not the father and he signed a paternity denia. The man that is possibly the fathe is abusive and tried to kill me while i was pregnant. What can i do to keep the potential father away from him and get a birth certificate?
11/12/2016   |   Category: Paternity ยป Parental Rig...   |   State: Oklahoma   |   #26614

Answer:

You have several issues.  First, who gets put as the Father on the birth certificate. Next is the form your ex signed sufficient to remove the assumption that the child is his since it was born less than 10 months after the divorce.

Next is the issue of whether who might be the Father has any rights.

Your ex is presumed to be the Father under Title 10 Section 10-7700-204 of the Uniform Parental Act of Oklahoma. Unless a denial of Paternity is signed by your ex and valid AND an Acknowledgement of Paternity is signed by the real Father the denial may be effective.  If no acknowledgment is signed by the real Father the denial is not valid.  There are also other requirements and rules of the denial shown below. If this was not done the ex is named as the Father on the birth certificate because the child was born less than 10 months.

If the real Father is found to be the Father in a Paternity Action (which he or you can file or others), or Acknowledges he is the Father in a proper way, he has rights and duties as a Parent.
 
Please see the following Statutes of Oklahoma.

2014 Oklahoma Statutes
Title 10. Children
§10-7700-204. Presumption of paternity.

Universal Citation: 10 OK Stat § 10-7700-204 (2014)
A. A man is presumed to be the father of a child if:

1. He and the mother of the child are married to each other and the child is born during the marriage;

2. He and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution of marriage or after decree of separation;

3. Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, a decree of separation, or dissolution of marriage;

4. After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

a.the assertion is in a record with the State Department of Health, Division of Vital Records or the Department of Human Services,

b.he agreed to be and is named as the child’s father on the child’s birth certificate, or

c.he promised in a record to support the child as his own; or

5. 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.

B. A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6 of the Uniform Parentage Act.

Added by Laws 2006, c. 116, § 8, eff. Nov. 1, 2006.


Your ex can sign a denial of paternity or that he is the Father.  However, there is a requirement that the Father also signs an Acknowledgement of Paternity.  Other requirements are shown in the statute below.
2014 Oklahoma Statutes
Title 10. Children
§10-7700-303. Denial of paternity - Validity.

Universal Citation: 10 OK Stat § 10-7700-303 (2014)
A presumed father may sign a denial of his paternity. The denial is valid only if:

1. An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 20 of this act;

2. The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury;

3. The presumed father has not previously:

a.acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 15 of this act or successfully challenged pursuant to Section 16 of this act, or

b.been adjudicated to be the father of the child; and

4. The denial is signed not later than two (2) years after the birth of the child.

Added by Laws 2006, c. 116, § 11, eff. Nov. 1, 2006.

The Father can sign an acknowledgement of Paternity and acquires all rights and duties as a Parent.

2014 Oklahoma Statutes
Title 10. Children
§10-7700-305. Effect of acknowledgment or denial.

Universal Citation: 10 OK Stat § 10-7700-305 (2014)
A. Except as otherwise provided in Sections 15 and 16 of this act, a valid acknowledgment of paternity signed by both parents is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.

B. Except as otherwise provided in Sections 15 and 16 of this act, a valid denial of paternity by a presumed father when executed in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

Added by Laws 2006, c. 116, § 13, eff. Nov. 1, 2006.


The Father can also file a action to determine Paternity and acquire rights and duties if he is proven to be the Father.  A paternity action can also be filed against the Father by the Mother.
2014 Oklahoma Statutes
Title 10. Children
§10-7700-601. Proceeding authorized.

Universal Citation: 10 OK Stat § 10-7700-601 (2014)
A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the applicable rules prescribed by the Code of Civil Procedure of the State of Oklahoma.

Added by Laws 2006, c. 116, § 34, eff. Nov. 1, 2006.