Paternity Actions under Oklahoma Law
KANIA LAW OFFICE is a Tulsa, Oklahoma Paternity, and Family Law Firm

When a child is born from a mother who is married, there is a presumption that the husband is the father of the child and therefore the father's parental rights and responsibilities are automatic. If there is a dissolution of the the marital bond between the two parents, the divorce proceeding also handles any custody, visitation, and child support issues related to children of that marriage. However, if the mother of a child was not married at any time between 300 days prior to the child's birth and 300 days after the child's birth, there is no automatically presumed father. Additionally, if the unmarried parents of the child split up, there is no divorce action within which to resolve issues involving the parties' children. It is for these circumstances that Oklahoma's Uniform Paternity Act was enacted. This Act allows either parent to file a Petition for Determination of Paternity (Paternity Action) in the proper district court for the purpose of establishing (1) paternity, (2) custody, (3) visitation, (4) child support and other issues.

Mothers.  If you have a child born out of wedlock and the father denies paternity and/or refuses to support his child, then you may want to file a Paternity Action. The law allows for the collection of back child support for up to five (5) years prior to filing to establish paternity. Additionally the father may be responsible for a portion or all medical costs associated with the prenatal care and birth as well a providing health insurance and for a pro rata share of work related day care expenses. There are many avenues provided by Oklahoma law for the enforcement of child support including: tacking on interest, garnishing pay checks and bank accounts, contempt of court, which can lead to jail time, loss of his drivers license, tax refund interception, et cetera. Although, mothers are certainly entitled under law to proceed representing themselves in court, competent experienced representation from an Oklahoma attorney is recommended. If you would like legal representation from an attorney at the Kania Law Office, or simply a free consultation, contact us at (918) 743-2233 or fill out the Ask an Attorney form.

Fathers.  If you are the father of a child born out of wedlock and the mother is denying your paternity or disallowing you visitation or custody of your child, you may want to file a Paternity Action. Oklahoma statute provides that a mother of a child born out of wedlock as de facto sole custody of the child, until the legally father asserts his paternity. Upon asserting one's parental rights in district court, there are good arguments and authority for fathers to have joint custody and equal access to their children. Although, fathers are certainly entitled under law to proceed representing themselves in court, competent experienced representation from an Oklahoma attorney is recommended. If you would like legal representation from an attorney at the Kania Law Office, or simply a free consultation, contact us at (918) 743-2233 or fill out the Ask an Attorney form.

If you would like the Tulsa, Oklahoma Divorce Lawyers at the  Kania Law Office to answer any questions or discuss how the Uniform Paternity Act in Oklahoma will apply to the facts and circumstances of your Oklahoma paternity case, please email or contact the professional Tulsa family law attorneys at the Kania Law Office at 918-743-2233 for an appointment.