With a new mother in Oklahoma who is married the husband is presumed to be the father of the child. Therefore, there is no need to do anything to legally establish paternity as long as the mother was married when the child was born. On the other hand, when the mother is single certain actions are necessary to legally establish paternity of the child.
Understanding Paternity Rights in Wagoner Oklahoma
Establishing paternity rights is an important legal process that can have significant implications for both the child and the parents involved. In Wagoner, Oklahoma, paternity determination plays a crucial role in determining child custody, visitation rights, and child support obligations. It is essential for both the child and the parents to have clarity and certainty regarding paternity.
Under Oklahoma law, paternity can be established in several ways. One common method is through voluntary acknowledgment, where both parents sign a legal document acknowledging paternity. If the mother is married to another man who is not the natural father, he will have to sign a voluntary denial of paternity form.
Another way to legally establish paternity is through genetic testing, which can conclusively determine the biological relationship between a father and child. In cases where paternity is disputed, a court may order genetic testing to determine paternity.
Filing a Paternity Lawsuit in Wagoner County, Oklahoma
If the suspected father is not cooperative in helping the mother confirm he is the biological father of the child, the mother has the option of filing a paternity lawsuit. This legal action is aimed at compelling the defendant to submit to a paternity test to determine if he is indeed the father of the child.
On the other hand, the law regarding paternity works the other way as well. If the mother is denying paternity of a man who believes he is the father, he can bring a paternity lawsuit against the mother to force a paternity test.
Paternity Lawsuit Hearing in Wagoner County, Oklahoma
If you are summoned to court via paternity lawsuit filed against you, it is important that you show up to the hearing. At the hearing you will be given a chance to present your side of the case and present an argument to the judge why you should not be forced to submit to a paternity test. It is probably a good idea to hire a Wagoner paternity attorney to represent you during the court hearing.
Failure to appear at the hearing will result in the judge presuming you agree to everything that is stated in the papers filed with the court. This means that the court will legally establish the defendant is indeed the father. Or, if the father is bring the paternity lawsuit, the court will establish that the plaintiff is the father if the defendant mother fails to appear at the hearing.
Legal Rights and Responsibilities
Once paternity is established, both parents have certain rights and responsibilities towards the child. These may include the right to seek visitation for the father, as well as the obligation to provide financial support through child support payments. The mother will have a legal right to ask the court to compel the father to pay child support. It is important for both parents to understand their legal rights and responsibilities in order to ensure the best interests of the child are met.
Father Custody and Visitation Rights
After legally determining paternity of a child, there will be the question of what custody and visitation rights is afforded to the father by Oklahoma law. A mother who gives birth out of wedlock will automatically have sole custody rights. This means the father, in this instance, would not have any custody rights.
Also, the father would not automatically have any visitation rights either. On the other hand, the father, in a situation like this, has a right to seek visitation rights in court. Another option would be to have the mother and father both agree to visitation by the father.
Child Support After Establishing Paternity in Wagoner County
Once paternity has been legally established the issue of child support will have to be dealt with by the court. The judge will order the father to pay child support, unless he is injured or cannot work to earn money for one reason or another. The amount of child support the father will be ordered to pay depends on how much the father earns and how much the mother earns.
Hire a Wirth Law Office – Wagoner Paternity Attorney
If you are facing paternity issues in Wagoner, Oklahoma, it is crucial to seek legal guidance from a Wagoner paternity attorney. An attorney specializing in paternity determination can help you understand your rights, navigate the legal process, and advocate for your best interests. Contact Wirth Law Office – Wagoner today at (918) 879-1681 for a low-cost consultation with our experienced paternity determination attorneys.