In Oklahoma, paternity is presumed when parents are married. Thus, a child born to two married people is presumed to be the child of both of them absent compelling evidence to the contrary.
No such presumption adheres to an unmarried couple who have children. While maternity is obvious, the question of who the father’s identity, remains open unless paternity is established. And in order to establish a legal father-child relationship, it must be established legally. If you want to gain custody or visitation rights or obtain child support, you must establish paternity.
How to Establish Paternity in Oklahoma
There are two basic ways to establish paternity in Oklahoma, either through an Acknowledgement of Paternity, or the filing of a Paternity action.
An Acknowledgement of Paternity is the easiest way to establish your child’s parentage. This document is often available at the hospital. Both parents sign it and it is a legal document showing the legal identity of both parents. It can be used to show that you are the legal father of the child, a necessary step to establishing custody or visitation rights. It can also open the door to child support. In essence, it is a legally binding document that grants certain rights and duties upon you as a parent.
Filing a Lawsuit
The second way to establish paternity is by filing an action to establish paternity in district court. This is the only other way to establish paternity, and may be needed if either parent is unwilling to sign an Acknowledgement of Paternity. This can be filed by either parent.
Once parentage is established as part of the lawsuit, the court will also issue custody, support, and visitation orders regarding the child. This is to set establish and divide duties and responsibilities regarding the child between parents.
DNA testing will be ordered by the court as part of the lawsuit. It can be done easily and noninvasively, usually with a swab of the inner cheek which captures DNA. If the judge hearing the paternity matter feels that it is insufficient, the judge may order that a blood test be used instead, but cheek swabs are usually used. This makes it easy and painless.
It is important to use an experienced attorney for this type of lawsuit. You need the help of a Muskogee paternity lawyer. Call us today to get the help you need.
Confidential Consultation: Muskogee Paternity Lawyer
Work with an experienced paternity lawyer in Muskogee, Oklahoma, to ensure your child’s security. The future is important. Contact us today at (918) 884-7774.