Stephens County Sheriff's Office
Char Adams
September 09, 2016 12:15 PM

The Oklahoma mother facing incest charges after marrying her daughter allegedly did research into the subject and had been under the impression she wasn’t breaking the law, according to a police affidavit obtained by PEOPLE.

Patricia Spann, 43, and her 25-year-old daughter, Misty Spann, were arrested on Tuesday after authorities discovered that the two were legally married.

But in the affidavit, Patricia told authorities that she “had looked into it” and determined that marrying her daughter would not violate any laws because her name was no longer listed on Misty’s birth certificate.

Authorities made the discovery while conducting a child welfare investigation last month. Officials also learned that Patricia married one of her two sons in 2008, but the man filed for an annulment in 2010 citing “incest,” according to the affidavit and court records.

Patricia Spann
Stephens County Sheriff's Office

Under Oklahoma law, marrying a close relative is considered incest whether the relationship is sexual or not, the Associated Press reports.

Patricia allegedly told authorities that she lost custody of her three children and they were adopted by their paternal grandmmother. She allegedly added that she reunited with her kids about two years ago and that she and Misty “hit it off.”

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Misty Spann
Stephens County Sheriff's Office

A Duncan Police Department spokesperson tells PEOPLE that despite apparently being separated from Patricia, Misty was allegedly “perfectly aware” that she would be marrying her mother.

The spokesperson says police are “not too clear on” whether the son, Jody Spann, knew he was marrying his mother at the time.

Police obtained “amended” birth records for Misty that listed a Barbara Spann as the woman’s mother, the affidavit states. However, investigators soon located the original birth certificate naming Patricia as Misty’s biological mother.

Both Patricia and Misty have been charged with one count each of incest and are being held at the Stephen County jail, the spokesperson says.

The women have not yet entered pleas and neither have lawyers.

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