If I have a 17 year old son in which my husband has signed the birth certificate and he is not the biological father, can I still get child support from the biological father?

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If I have a 17 year old son in which my husband has signed the birth certificate and he is not the biological father, can I still get child support from the biological father?

My son meet his biological father 3 years ago against my will. Since the bio introduced himself, can I seek paternity and back pay child support for the past 17 years However, I would not want my sons last name to change.

Asked on November 1, 2012 under Family Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are not legally entitled to seek child custody from the biological father of your son based upon the facts of the question that you have written about. The reason is that your husband is named as your son's father on the birth certiifcate. As such, he is presumed to be your son's father and apparently has been paying for your son's support for the past seventeen (17) years.

For you to seek child support for the past time from the actual father with or without a determination of paternity is not allowed in all states in this country.


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