Paternity Questions? Get Them Answered!
Oklahoma law presumes paternity if the father’s name is on a child’s birth certificate as the father. But sometimes, the father’s name is not listed on a birth certificate. When that happens, questions arise. Who is the biological father? Does that person have a right to see the child? Does that person have an obligation to support the child, and if so, how is that established legally.
If you have questions about establishing paternity, or have questions about the legal scope and implications of establishing paternity, you should contact an experienced Okmulgee paternity attorney.
Try an Acknowledgement of Paternity First
The easiest way to establish paternity to have the parents sign an Acknowledgement of Paternity form. The signing of the form must be impartially witnessed and it has the same force and effect as an order of paternity entered in a court or other administrative proceeding.
Signing this document means that both parents acknowledge that the father is the biological and legal parent of the child. It is a legally binding document that can be used by anyone to establish the rights, duties and relationship between the parent and the child. It can be used to establish the child’s right to support or inherit from that parent. It can also be used to establish the parent’s right to visitation or custody. It can also be used by the state to recoup support from the father if the mother has received welfare or other social services associated with the child.
If the father is not willing to sign the Acknowledgement of Paternity, the paternity must be established through a court proceeding. Either the Acknowledgment or a court order is necessary to establish the rights to visitation, support of the child, and the like.
If you are a mother seeking child support, the court will require that you establish paternity as part of that proceeding.
Unsure If You Are The Father? Get A Paternity Test
If you are asked to sign the Acknowledgement and are not sure whether you are the father, do not sign. Instead, get a paternity or DNA test. DNA tests are everywhere these days. It is easy to purchase one at your local drug store. And they are reliable, non-invasive, and easy to use. You want to make sure that the paternity test you use is valid and respected and that the test is conducted according to law and in a compassionate manner.
Most common legal paternity testing is now done by an accredited lab. The testing itself is non-invasive. It is done by gently swabbing the inside of your mouth with a cotton swab, capturing you DNA. This is often called a buccal swab. The epithelial cells that adhere to the swab contain DNA. This method is usually deemed sufficient by a judge hearing a paternity matter.
Some judges want to use a particular lab that they trust. If the judge hearing the paternity matter feels that it is insufficient, the judge may order that a blood test be used instead. Have your Okmulgee paternity attorney check with the court regarding preferences, although your attorney may already know that information.
Have an Experienced Okmulgee Paternity Attorney On Your Side
Sometimes, a court proceeding is needed to establish paternity. If that is the case, your attorney will help you file the needed court documents and will help you every step of the way. It is during the proceeding that the court will order the paternity test to be done.
It is imperative, if you are looking at paternity issues, that you obtain the help of an experienced Okmulgee paternity attorney. Call us at (918) 756-9600 or (888) Wirth-Law for a free consultation.
Establishing paternity can help cement the bond between parents and children and it can help your child thrive financially, educationally and emotionally. It allows a child to inherit from that parent and it ensures that a child will receive support and benefits that might not be available otherwise. But you don’t want to do this alone. When it counts, you want to make sure that you have the best in your corner.
Free Consultation With a Compassionate Okmulgee Paternity Attorney
Call (918) 756-9600 or (888) Wirth-Law for a free consultation with an Okmulgee, Oklahoma lawyer at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will email or call you.