A man is legally presumed to be the father of a child if he and the mother of the child are married to each other and the child is born during the marriage or within 300 days of divorce or if, for the first 2 years of the child's life, the father resided in the same household with the child and openly held out the child as his own. 

This scenario occurs frequently, especially in cases where spouses have been separated for months or years but have not filed for divorce or have filed for divorce but the case has not moved forward. In these situations, there are special time limits for the husband, the "presumed" father, to take legal action, or he will forever be legally determined to be the father and obligated to financially support a child that was not planned by him and that is not biologically his.

Attorney Amy Page spent more than a decade working at Oklahoma DHS, Child Support Services. She wrote the statutes and state policy related to child support and paternity cases, including the law for situations like this. Amy's work on child support and paternity laws has been relied on by the Oklahoma Supreme Court and by judges and attorneys across the state. These situations can be complicated to sort out. If you are involved in a situation like this, you need experienced counsel immediately. If you wish to reach Amy Page about a complex custody, parentage or child support situation, please use the contact form on this page.