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Paternity Lawyers and Attorneys Oklahoma

When two people engage in intimate relations with each other, the result can sometimes turn harmful. It could’ve been a girls’ night out or a romantic evening on the beach, and if things don’t work out it can cause great turmoil and resentment between the parties.

Pregnancies can be the result of a mere accident, and so laws had to be created in order to protect and serve the people in a difficult situation. Paternity issues are quite common today which resulted in the passage of several laws around the country to help define paternity.

Privett Law can help assist with the complications involved in paternity cases. Some paternity actions in Oklahoma that can be taken are paternity tests issued by the court, and Privett Law can help you obtain your paternity test. Contact Privett Law today, and receive your full consultation addressing your paternity issue.

Oklahoma Paternity Actions Defined

Paternity issues arise when a child’s mother seeks support for her offspring and the alleged father of the child denies that he is in fact the father. The court's jurisdiction to decide paternity action cases is founded on the assumption that the defendant/alleged father had sexual relations with the mother in the jurisdiction in which the action is based. Service of a complaint on the alleged father falls under the typical/usual rules of civil procedure, in that the father must be properly served and given notice in order to be required to appear in-person.

Who has standing to file a paternity action in Oklahoma?

There are many parties who will have standing to pursue or defend a paternity action at any time in Oklahoma: 

The legal representative of the child
The natural mother
The estate or legal representative of the mother
The alleged father
The estate or legal representative of the alleged father
The county welfare/social services/child protection agency
Any person with an interest that’s recognized by the court with jurisdiction

Are there circumstances when a man is presumed to be a child’s father?

There are several situations in which a man could and would be presumed to be the father of a child in an Oklahoma paternity action case. The following six events are generally used to make this presumption, and if even one of them is met, that presumption will generally stand:

1. The alleged father and the biological mother were legally married and the child was born during the marriage, or within 300 days of the dissolution of the marriage.

2. If the alleged father and mother made an attempt to marry each other, but somehow their union did not comply with applicable laws. 

3. Subsequent to the birth of the child, the alleged father and the mother have attempted to marry, although the attempted marriage is or could be declared invalid, and the alleged father has made some tangible step (entering his name on the birth certificate) to signify his acknowledgment that he is the father.

4. Before the child reaches the statutory age of majority, the man allows the child into his home and openly holds himself out as the father.

5. If the alleged father has provided financial support for the child before he or she reaches the age of majority. 

6. The alleged father acknowledges his paternity of the child in any writing filed with the local registrar of vital statistics.

When is the presumption of paternity rebutted?

The statute may be rebutted in a paternity action in Oklahoma only if the alleged father meets the legal burden for doing so. Specifically, the alleged father must show by "clear and convincing evidence such that there exists” that leads to a court order terminating the presumed father's paternal rights or by establishing that another man is the child's biological or adoptive father.

Oklahoma Examples of Paternity Actions

Family lawyers in Oklahoma understand that it’s quite common for them to receive calls from men who have been served notice to appear in court in order to either accept or contest paternity actions. Other reasons that family lawyers may receive calls include the right for visitation if a child was born outside of marriage. Below are brief descriptions of the types of paternity actions that are held in Oklahoma.

Contested Paternity Actions

A contested paternity action is usually initiated for the purpose of obtaining payments for child support from the alleged father, but it can also include a request for visitation rights. When a paternity action names the alleged father as the defendant, the father can either consent to the paternity record or contest it by claiming that he is not the father. Many times, this refusal to acknowledge such status is adjudicated by way of a DNA test. When a paternity action names the mother as the defendant, her choices are in effect no different.

Non-Contested Paternity Actions

There are fathers, alleged or otherwise, out there who desire the legal status that comes with being recorded as the father. The reasons for this include the desire to maintain some sort of relationship with the child. If this is the case, the court will simply enter the order of paternity if there is no protest from the mother.

Establishing Paternity When the Father is Deceased

There are situations that arise when paternity needs to be established after the father has passed away. This can be done, but only if there is some sort of access to the father’s DNA or access to the DNA of other family members. However, DNA testing of close family members does not always offer definitive proof of paternity.

Why Hire a Lawyer?

In a paternity action case, it sometimes becomes necessary that tests are done in order to determine whether the man in question is the actual father of the child. Privett Law can help with your paternity actions case in Oklahoma. Contact the firm today to schedule an initial consultation.