Wht to do if I am legally married but separated and my wife has had a child with another man and she put my name on the birth certificate without my consent?

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Wht to do if I am legally married but separated and my wife has had a child with another man and she put my name on the birth certificate without my consent?

What legal ground do I have to stand on and what could possibly happen to her?

Asked on January 27, 2013 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Thre is a general "rule" that a child born while you are married is a child of the marriage.  What you have to do is to ask for a DNA test to confirm that you are not the father - establishing parentage - and then once the test comes back, make an application to amend the birth certificate.  Good luck. 


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