Understanding Why Paternity May Be Important
A child thrives in an environment in which both parents are involved in the child’s life. There is the emotional bond between parent and child to be considered, but the legal responsibilities of a parent are equally important. There are times when paternity may be at issue. When this is the case, establishing legal paternity is an important first step toward establishing other legal rights such as child support and inheritance rights. Without resolving legal paternity, a child is without rights flowing from the relationship.
Acknowledgement of Paternity
One of the simplest ways to establish paternity in Oklahoma is through voluntary acknowledgment. This typically involves both parents signing a Voluntary Acknowledgment of Paternity form, which is then filed with the Oklahoma Department of Health, Vital Records Division. This form is often available at hospitals, birthing centers, or through the state’s child support services. (Okla. Stat. tit. 10 § 7700-303)
Court Order of Paternity
If paternity is contested or if there is uncertainty about the child’s biological father, either the mother, the alleged father, or the child’s legal representative can petition the court to establish paternity. The court may order genetic testing (DNA testing) to determine paternity. The test is a non-invasive one. Usually, a cheek swab from both the child and the parent is needed. If the test results confirm paternity, the court issues an order establishing paternity. (Okla. Stat. tit. 10 § 7700-607; Okla. Stat. tit. 10 § 7700-606.)
The case may be brought in the county in which the child resides or is found; the parent whose paternity is being established lives or is found if the child does not live in Oklahoma; or in a proceeding for probate or administration of the presumed or alleged father’s estate.
Administrative Order by the State
In some cases, the Oklahoma Child Support Services (OCSS) agency may also establish paternity administratively. This typically occurs when a child is receiving public assistance, such as Medicaid or Temporary Assistance for Needy Families (TANF). OCSS may initiate paternity establishment proceedings to determine the child’s legal father and establish child support obligations.
Presumption of Paternity
Oklahoma law also includes provisions regarding the presumption of paternity in certain situations. For example, if a man is married to the child’s mother at the time of the child’s birth, he is presumed to be the child’s legal father. This presumption can be rebutted through legal proceedings if necessary.
Tribal Law
Like many Native American tribes, the Muscogee (Creek) Nation has its own tribal laws and legal system, which may govern various aspects of life for tribal citizens, including family law matters such as paternity establishment.
Tribal law can vary significantly from state law, and the Muscogee (Creek) Nation may have its own processes and procedures for establishing paternity within its jurisdiction. In general, tribal governments have the authority to establish and enforce laws related to family matters, including paternity, within their sovereign jurisdiction. This may involve procedures similar to those used in state courts, such as genetic testing, court orders, and administrative proceedings. Tribal laws and procedures may also reflect the cultural values and traditions of the Muscogee (Creek) Nation.
The team of family law attorneys at Wirth Law Office – Muskogee includes attorneys experienced in the area of tribal law and admitted to practice in tribal courts in Oklahoma.
Once paternity is established, the legal father (biological or presumed) typically has rights and responsibilities regarding the child. These may include custody and visitation rights, child support obligations, and the right to participate in important decisions affecting the child’s welfare.
It’s important to note that each case is unique, and the specific procedures for establishing paternity may vary based on individual circumstances. If you are seeking to establish paternity in Muskogee, Oklahoma, you should consult with an experienced Muskogee child custody attorney.
Low-cost Legal Consultation with an Experienced Family Law Attorney
Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a initial strategy session by dialing (918) 913-0725 or call toll-free at (888) 947-8452. Or, if you prefer to contact us by email, use the form at the top of this page . When you need a Muskogee attorney dial (918) 913-0725.
