- November 29, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI LEGALESE DECODER CAN HELP WITH THE SITUATION
Legal Troubles in Oklahoma: Delayed Filing and Consequences for Separated Parents
Recently, my experience with the legal system in Oklahoma has been nothing short of a nightmare. My partner and I signed and paid for the necessary documents months ago, only to be informed that they have still not been filed. This delay in processing has caused us immense distress, as we were under the impression that our paperwork would be processed promptly on the same day we submitted it. To make matters worse, the lawyer assigned to our case has been unresponsive and cannot be reached at the moment, leaving us in the dark about the status of our legal matters.
Complicating matters further is the fact that my partner and I have been separated for over seven years. I am currently pregnant with our child, and we had planned to get engaged once our legal issues were resolved. However, the ongoing delays in filing our paperwork have left us increasingly anxious about the potential repercussions of our current situation. Specifically, I am deeply concerned that the state may attempt to hold my ex-spouse responsible for our child, despite the fact that he is not the biological father. It is imperative to me that my ex is not legally linked to my child in any capacity, and I am adamant about not wanting him listed on the birth certificate or obligated to pay child support.
Given these circumstances, I find myself grappling with a sense of urgency and fear about the potential implications of our delayed legal filings. Additionally, the fact that our case file has been “misplaced” twice before only adds to our frustration and raises serious doubts about the competence and reliability of the legal system. Thus, I am left feeling overwhelmed and uncertain about what steps to take next in order to protect our interests and ensure that our pending legal matters are resolved in a timely and accurate manner.
In navigating this complex and pressing legal situation, the AI Legalese Decoder can serve as a valuable resource and ally. By utilizing this innovative tool, I can better understand the intricacies of the legal terminology and procedures involved in my case, allowing me to make informed decisions and take appropriate action. The AI Legalese Decoder can help demystify complex legal jargon, clarify my rights and responsibilities, and provide guidance on how to navigate the intricacies of family law in Oklahoma.
Moreover, the AI Legalese Decoder can empower me with the knowledge and confidence to articulate my concerns and advocate for my legal rights with greater clarity and forcefulness. By leveraging the insights and support offered by this cutting-edge technology, I can approach my legal challenges with renewed determination and resilience, armed with a deeper understanding of the legal landscape and armed with the necessary tools to protect myself and my family.
In conclusion, the AI Legalese Decoder has the potential to be a transformative and empowering resource for individuals like myself who are grappling with complex legal issues and seeking guidance on how to navigate the legal system effectively. By harnessing the power of this innovative tool, I can gain greater insight into my legal rights and obligations, access valuable information that can inform my decision-making, and ultimately, work towards a resolution that safeguards the best interests of myself, my partner, and our child.
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Original:
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Rewritten:
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Ok, first things to do. Fire the attorney. File a bar complaint. Hire a new attorney. Your current attorney has shown a lack of competence which is required to practice law.
Unfortunately yes, this will complicate things because until proven otherwise the legal system will assume your spouse is the childÔÇÖs father. The ÔÇ£good newsÔÇØ is that you are not the first person to have moved on to a new relationship before their marriage is formally dissolved and you are not the first person to have a pregnancy result from that new relationship. A competent attorney will help you navigate this, even if it will slow down the process some.
Because youÔÇÖre married, your ÔÇ£exÔÇØ will be the presumptive father unless other steps are taken. Obviously getting the divorce raced through would be ideal, but like you said that may not happen.
In that case your ÔÇ£exÔÇØ will need to complete a Denial of Paternity form, and the biological father will need to complete an Acknowledgment of Paternity form. Both of these can only be done after the baby is born.
I believe in Oklahoma there is a 90 day waiting period once the divorce papers are filed. This means once the papers are filed you wonÔÇÖt have a court date sooner than 90 days from the date filed. You may be able to get a court date sooner if you and your ex agree on everything.
You being pregnant will prolong the process. They may assign a guardian ad litem for the child and require DNA tests. However, usually nothing can be done regarding paternity until the birth of the child. The courts donÔÇÖt usually consider the child until itÔÇÖs born. File papers now so the clock can get started and get a new attorney ASAP. Also, report your old attorney. This is incompetence.
Yeesh. In Kentucky, you canÔÇÖt complete a divorce while pregnant. DonÔÇÖt know if itÔÇÖs the same there. Otherwise, probably wonÔÇÖt be too much of an issue since you all acknowledge that husband is not father of child. But definitely get your money back and get a new attorney- thatÔÇÖs some BS.
Former birth certificate clerk here. At least in TX, your husband is legally the father. Now, have I known women who listed the actual childÔÇÖs father and it hasnÔÇÖt been questioned? Yes, but I definitely do NOT recommend lying on legal paperwork. Your husband can sign a denial of paternity, and then have current partner sign an acknowledgement of paternity. ThatÔÇÖs the correct, legal way to do it.
Information from oklahoma.gov that might help clarify obligations. [Paternity Handbook] (https://oklahoma.gov/content/dam/ok/en/okdhs/documents/okdhs-publication-library/98-18.pdf) and [more info here] (https://oklahoma.gov/okdhs/services/child-support-services/patprocess.html)
So yeah, as others have said. 1) fire current attorney. 2) realistically, you will not be able to be divorced prior to your child being born (because even though you’ve been separated for years, the court system wants to verify (usually with DNA test) that your child isn’t your ex’s, as the parentage of this child would impact a divorce). HOWEVER, this does not mean the state is necessarily going to try and hold your ex responsible for your son. After your son is born, there will be a process to complete prior to your divorce being final that will ensure your ex is NOT considered the legal parent of your child and that your current partner is. This is a temporary issue and so long as you get yourself a competent lawyer this should be relatively smooth sailing (especially since your ex presumably will not be arguing that this is his child – I’m assuming he will be happy to sign any and all affidavits that y’all haven’t been together in years) to get the divorced finalized after your baby is born. Congrats, btw!
Has an agreement already been negotiated? If that’s the case and that’s what you’re referring to when you say that you signed, it may be as simple as signing a declaration and adding it to the paperwork to be filed. I fell pregnant during my divorce and my attorney wrote out a statement for me to sign basically saying that I was expecting a child that was not a product of the marriage. My ex obviously wasn’t rushing to claim a child that wasn’t his, so even though the divorce wasn’t finalized until after the baby was born, the only other step we had to take was for my current partner to sign a declaration of paternity at the hospital post birth, which would have been standard anyway since we were unmarried.
Oklahoma Attorney, definitely not your attorney. I’ve dealt with similar issues before. Your ex can fill out a Denial of Paternity form and you and your current partner can complete an Acknowledgement of Paternity form and that will take care of the main issue you are facing. DHS has the forms you need [here.](https://oklahoma.gov/okdhs/services/child-support-services/patprocess.html#:~:text=Paternity%20can%20be%20established%20if,judge%20can%20also%20establish%20paternity)
In my experience the judge will not finalize a divorce while you are pregnant just in case there are custody and child support issues that need to be dealt with.
IANAL but I went through this same thing recently in TX.
So first as others have said fire your lawyer and make a complaint to the bar. In my state you cannot get divorced while pregnant no matter who the father is so look into that for your state. And breathe. Your child will not be taken from you.
Before my son was born I spoke with the hospital and they provided me Acknowledgment and Denial of paternity forms. We were able to complete via DocuSign and basically, you sign it, babies father signs it and your ex signs the denial portion. This allows there to be no issues when birth certificate needs to be filled out. Your ex is removed from all responsibility of the baby and the babies father acknowledges the child as his own.
I didnÔÇÖt have money for an attorney and had no assets so I did the paternity and the divorce myself, but if you can, hire a new lawyer and they can walk you through the process for your state.