Oklahoma City Paternity Action Lawyer
Under Oklahoma law, a paternity action is a legal action between the unwed parents of a minor child(ren) to legally establish paternity, custody, visitation, and child support. It is a common misconception that paternity is established under the law once a genetic test identifies the biological father of the child. However, in order for the biological father to have any legally enforceable rights regarding the minor child(ren), a decree of paternity must be issued by an Oklahoma district court in a paternity action.
A presumption of paternity (a “presumed father”) can be created in a number of different ways under Oklahoma law. This presumption of paternity exists until that status is rebutted or confirmed in a judicial proceeding. A few of the ways a man can become the presumed father of a child in Oklahoma include:
- The child being born while the biological mother and the man are married;
- The child being born within three hundred (300) days of the termination of the marriage between the biological mother and the man; and
- The man residing in the same household as the child for the first two (2) years of the child’s life, and openly represented the child as his own.
In order to rebut a presumption of paternity under Oklahoma law, the presumed father must file a motion for genetic testing. The presumed father must convince the court that such testing would not be contrary to the best interests of the minor child(ren) involved. In making the determination of whether a motion for genetic testing by a presumed father should be granted or denied, the Oklahoma statutes set forth many factors for the court to consider. These include:
- The length of time the presumed father has assumed the role of father of the child;
- The facts surrounding the presumed father’s discovery of his possible nonpaternity; and
- The harm that may result to the minor child(ren) if the presumed father’s paternity is successfully disproved.
Rockett Law Office has extensive experience handling paternity actions, as well as a reputation for aggressively representing the interest of their clients in court. Our mission at Rockett Law Office is to ensure we serve each client in an aggressive, compassionate manner, while keeping in mind his or her desired outcome in the matter. If you are having issues with the father or mother of your child and need help, call (405) 529-6005 to schedule a consultation with our knowledgeable, experienced family law attorney.