Family Law

Paternity in Oklahoma

By Dan Nunley

A child has a right to emotional and financial support from both his mother and father. In Oklahoma, establishment of legal paternity provides rights and protection for the child, the child’s mother and the child’s father. However, until legal paternity has been established, the father has no right to custody or visitation and the mother and child have no right to receive child support payments from the father.

If a child’s mother and father have never been married, and legal paternity has not been established, the mother is automatically granted sole legal custody. She will be the only parent listed on the birth certificate, will determine who will see the child, where the child will attend school, what medical treatment the child will receive, and what if any religion in which the child will be raised. The mother has no right to child support payments from the father until paternity is legally established. After paternity is established, a mother may seek back child support for up to five years from the date of paternity determination.

Once a DNA test establishes a man’s fatherhood, he has a right to equal consideration in custody and visitation proceedings. In addition, the court may order a birth mother to make child support payments to a custodial father. The father, once paternity has been established, must request from a court to determine legal custody and visitation arrangements.

As a family law attorney, I represent both mothers and fathers in paternity actions. If you are a mother or father needing legal representation in a paternity matter, call me today for a free intial consultation.

Full post as published by Oklahoma Family Law Blog on January 26, 2009 (boomark / email).