Should I file for Paternity?
What is paternity?
Paternity is the legal establishment of a child’s biological father. One of the areas of law where establishing paternity is most relevant is in the world of child support. If you want child support from someone, you have to legally establish that the man in question is the biological father of the child.
Conversely, if you believe that you are the father of a child and you want custody or visitation rights, then you need to show the court that you have standing to do so. Most of the time when people think about paternity and child support they think about dads who are trying to dodge responsibility, but that is not a fair generalization. According to the law, the parent who is awarded custody is owed child support. Fathers’ rights have come along way in recent years and more and more fathers are being awarded custody. This means that the biological mother should technically be held to the same legal standard of providing for the care of her children just as a non-custodial father would be.
Relevant law
Title 43 Section 109.2 - Determination of Paternity, Custody and Child Support
A. Except as otherwise provided by Section 7700-607 of Title 10 of the Oklahoma Statutes, in any action concerning the custody of a minor unmarried child or the determination of child support, the court may determine if the parties to the action are the parents of the children. In a paternity action, prior to genetic testing to establish paternity pursuant to the Uniform Parentage Act, the court may award custody to the presumed father if it would be in the best interests of the child. As used in this subsection, "presumed father" means a man who, by operation of law under Section 7700-204 of Title 10 of the Oklahoma Statutes, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
B. If the parties to the action are the parents of the children, the court may determine which party should have custody of said children, may award child support to the parent to whom it awards custody, and may make an appropriate order for payment of costs and attorney fees.
What can I do?
Whether you are the mother or the father filing to establish paternity, you have rights, and you deserve to have a powerful ally in your corner. We specialize in coming up with creative solutions and if you or your child’s best interest is threatened, we will not hesitate to bring out the big guns.
It is important that you sit down with your attorney and discuss thoroughly the options that you have and the things that really matter to you. We will help you figure things out. We are good at asking questions, and we are good at getting results.
Help!
There are a lot of moving parts in a paternity proceeding and it can be very difficult to navigate. This is where experience and compassion matter. Boeheim Freeman Law is committed to helping you through this process and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?