_MICHELLE K. SMITH
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
Oklahoma Paternity FAQ
FREQUENTLY ASKED OKLAHOMA
PATERNITY QUESTIONS
Below are answers to questions frequently asked by men and women who have filed a Paternity action in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this web site is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state.
1. What if I'm not sure who the child's father is?
If you have any doubts as to the parentage of the child, it is critical that you ask for a DNA test right away. There are various factors which could cause the court to determine that a man is father of the child including but not limited to signing an affidavit of paternity or the man holding himself out as the father of the child. If a man is 'legally' determined to be the father or if the man has taken certain actions such as holding the child out as his own, the man generally only has until the child's second birthday to prove otherwise. For additional information you can refer to the Oklahoma Uniform Parentage Act at 10 O.S. 7700-101 through 7800. Click here for a direct link to the statute. If the child is determined to be your child, you should begin paying child support as soon as possible. Under Oklahoma law the mother of the child can seek child support, including birthing costs, going back five years from the date of filing. The fact that a man did not know about the child or did not get to visit the child will generally not affect the back child support calculation.
2. I haven't been able to spend much time with my baby, what can I do to become a better dad?
Sometimes, due to various reasons, a father has had little to no visitation with his child. With very few exceptions, a judge will order some type of visitation at your initial Hearing. In the meantime it will be very helpful for you as a father, and it will help the judge feel confident in granting visitation, if you have attended a parenting class. You can contact the Oklahoma Department of Human Services "DHS" for a list of free or low cost parenting programs that have been approved by DHS. Parenting classes are offered statewide and generally meet once per week for several weeks. Click here for the Oklahoma DHS Website.
3. Is it possible for a father to get custody or equal time in a paternity?
Yes, it is possible. Years ago there was a presumption that children, especially young children, should be with the mother. This was known as the 'tender years doctrine'. The Oklahoma courts overruled the 'tender years doctrine' and now the presumption is that in most cases it is important for a child to have significant time with both parents. Whether a father gets equal time or custody depends on what is in the best interest of the child. A knowledgeable attorney should be able to give you guidance on your particular circumstances.
4. Is a parent entitled to see the child if they are not paying child support?
A parent who has visitation rights is entitled to see his or her child regardless of whether they are current on child support payments or not. It is never acceptable to withhold visitation because the other parent is behind on child support.
5. Will the judge change the child's last name?
Maybe. If the mother and father agree the Court will issue an order that the name be changed. If the mother and father do not agree a judge may still order the name change after considering the facts specific to your case. You can review statute 10 O.S. 90.4 for more specific information.
6. Does joint custody mean each parent will have equal time with the children?
Not always. Joint custody means the sharing of parental rights and duties and not necessarily equal time.
7. What about child support?
Oklahoma law is clear that both parents have a duty to provide financial support for their children. Oklahoma uses a formula which combines the gross income of both parents and then calculates a child support amount based on the combined income. Several other factors are used in the child support calculation including court ordered child support paid for prior born children, work or school related daycare, and gross income for almost all sources. In a paternity case Oklahoma law allows the judge to order child support for the five years prior to the Petition filing date. If the child is less than five years old the judge can order payment of prenatal and birthing costs. The Oklahoma Department of Human Services provides an online calculator to help you estimate child support. You can click here to use that child support calculator to estimate your child support.
PATERNITY QUESTIONS
Below are answers to questions frequently asked by men and women who have filed a Paternity action in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this web site is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state.
1. What if I'm not sure who the child's father is?
If you have any doubts as to the parentage of the child, it is critical that you ask for a DNA test right away. There are various factors which could cause the court to determine that a man is father of the child including but not limited to signing an affidavit of paternity or the man holding himself out as the father of the child. If a man is 'legally' determined to be the father or if the man has taken certain actions such as holding the child out as his own, the man generally only has until the child's second birthday to prove otherwise. For additional information you can refer to the Oklahoma Uniform Parentage Act at 10 O.S. 7700-101 through 7800. Click here for a direct link to the statute. If the child is determined to be your child, you should begin paying child support as soon as possible. Under Oklahoma law the mother of the child can seek child support, including birthing costs, going back five years from the date of filing. The fact that a man did not know about the child or did not get to visit the child will generally not affect the back child support calculation.
2. I haven't been able to spend much time with my baby, what can I do to become a better dad?
Sometimes, due to various reasons, a father has had little to no visitation with his child. With very few exceptions, a judge will order some type of visitation at your initial Hearing. In the meantime it will be very helpful for you as a father, and it will help the judge feel confident in granting visitation, if you have attended a parenting class. You can contact the Oklahoma Department of Human Services "DHS" for a list of free or low cost parenting programs that have been approved by DHS. Parenting classes are offered statewide and generally meet once per week for several weeks. Click here for the Oklahoma DHS Website.
3. Is it possible for a father to get custody or equal time in a paternity?
Yes, it is possible. Years ago there was a presumption that children, especially young children, should be with the mother. This was known as the 'tender years doctrine'. The Oklahoma courts overruled the 'tender years doctrine' and now the presumption is that in most cases it is important for a child to have significant time with both parents. Whether a father gets equal time or custody depends on what is in the best interest of the child. A knowledgeable attorney should be able to give you guidance on your particular circumstances.
4. Is a parent entitled to see the child if they are not paying child support?
A parent who has visitation rights is entitled to see his or her child regardless of whether they are current on child support payments or not. It is never acceptable to withhold visitation because the other parent is behind on child support.
5. Will the judge change the child's last name?
Maybe. If the mother and father agree the Court will issue an order that the name be changed. If the mother and father do not agree a judge may still order the name change after considering the facts specific to your case. You can review statute 10 O.S. 90.4 for more specific information.
6. Does joint custody mean each parent will have equal time with the children?
Not always. Joint custody means the sharing of parental rights and duties and not necessarily equal time.
7. What about child support?
Oklahoma law is clear that both parents have a duty to provide financial support for their children. Oklahoma uses a formula which combines the gross income of both parents and then calculates a child support amount based on the combined income. Several other factors are used in the child support calculation including court ordered child support paid for prior born children, work or school related daycare, and gross income for almost all sources. In a paternity case Oklahoma law allows the judge to order child support for the five years prior to the Petition filing date. If the child is less than five years old the judge can order payment of prenatal and birthing costs. The Oklahoma Department of Human Services provides an online calculator to help you estimate child support. You can click here to use that child support calculator to estimate your child support.
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Michelle K. Smith
Attorney at Law, PLLC 1211 N Shartel , Suite 1005 Oklahoma City, OK 73103 one: (405) 759-2333 |
