Establishing Paternity Prior to Birth:

Oklahoma provides that a father seeking to establish paternity must do so within the two years of the child’s birth.  There are several requirements and they work together to establish paternity in Wagoner County. Firstly the Father needs to establish a presumption of paternity. This is done by  demonstrating the existence a relationship between father and child. An example is by signing an acknowledgement of paternity such as the birth certificate. Another example is by holding out the child as his own or giving the child his surname. These are all elements for when the child has already been born.

Although rare, Oklahoma law does allow a paternity action filing before birth. Although the courts will not order a prenatal DNA test filing the case reserves your rights. Filing before the child’s is born helps reserve Oklahoma as the home state. This means that legal issues regarding custody may remain in Oklahoma. Also, the relocation statute will limit the parents ability to leave the state once its born.

An Oklahoma Paternity action cannot conclude or finalize until after the birth of the child. This means that custody, child support and visitation cannot be entered as orders.  However, by filing for a paternity action prior to the birth of the child, the party can go ahead and serve the other parent, giving them notice of the proceeding and establishing Oklahoma (and the appropriate county) as the correct court to hear the case, participate in the discovery process and if appropriately requested and ordered, have a genetic sample taken for purposes of genetic testing for the establishment and adjudication of paternity.

Free Consultation With a Wagoner County Paternity Lawyer:

If you have a child or you are soon to have a child and you are unmarried parents you may need to file for a paternity case.  Our Wagoner attorneys have helped countless parents enter custody, visitation and child support orders for their children. Call today for a free consultation