When a child is born to a married woman, a legal presumption exists assuming the husband is the father. Therefore, the father’s parental rights and responsibilities are automatic. If there is a divorce between the two parents, the divorce proceeding handles custody, visitation, and child support issues. However, if the mother of a child was not married at any time between 300 days prior to the child’s birth there isn’t a presumed father. Additionally, if the unmarried parents of the child split up, there’s no divorce action resolving child custody. This is an example of the need for child paternity cases that resolve these problems.
It is for these circumstances that Oklahoma’s Uniform Paternity Act exists. This Act allows either parent to file a Petition for Determination of Paternity (Paternity Action). It must be in the proper district court. The Paternity Action intends to establish (1) paternity, (2) custody, (3) visitation, (4) child support and other issues.
Mothers Filing Child Paternity Cases in Tulsa:
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 dealing with the prenatal care and birth. This may also include 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 divorce attorney is recommended.
Fathers Filing For Child Paternity in Tulsa:
If you are the father of a child born out of wedlock and the mother is denies your paternity, visitation or custody, 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 for fathers getting joint custody and equal access to their children. Competent representation from our experienced Tulsa paternity lawyers is indispensable.
Proper Court to File Child Paternity Cases:
This depends on many factors. The first question to ask yourself is do I get any assistance from DHS. This help consists of simple things like Sooner Care, Food Stamps, and more. If so and you’re not interested in entering a custody order then DHS administrative Court may be right for you. For this action you can hire an attorney if you like but do not have to. The problem with not having an attorney is that the process takes much longer. If you have questions regarding where to file you case contact one of our Tulsa paternity Lawyers, we can help
Court Ordered Custody and Visitation:
If this is the case then the proper place to bring your case is in the District Court. The district court you file it in is the one in the county the child lives. This order enforces a Court ordered visitation and custody. It also makes certain it is enforceable, if necessary in a contempt action. Also, if you are the Father of the child this court will judge you the natural father. Thereby guaranteeing all the rights and obligations as a parent as if the child was born of a marriage.