Okmulgee Paternity Lawyer

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Okmulgee Paternity Attorney

One of the most critical issues unmarried parents face is establishing paternity. At Eagan Law Office, we have a thorough understanding of Oklahoma paternity laws and treat each case with compassion. An Okmulgee paternity lawyer from our team can guide you through the legal process of establishing paternity and help you ensure an outcome that suits the interests of your child.

Why Is Establishing Paternity Important in Oklahoma?

Paternity is simply the recognition of a man as a child’s father. Within a marriage, the husband is presumed to be the legal father, but unmarried parents must establish paternity legally for certain rights and responsibilities to take effect. In 2022, of the 48,332 births in Oklahoma, 43.3% were to unmarried mothers.

Establishing paternity is beneficial to all parties, as it ensures legal rights to health insurance, inheritance, and Social Security benefits for the child. It allows the mother to seek help through child support and shared parenting responsibilities. And it also gives the father the right to seek custody and visitation. A relationship between a father and child provides emotional security for the child.

No matter if you want to establish, dispute, or challenge paternity, Eagan Law Office can help you navigate the legal process necessary to achieve your goal. We have assisted many clients in Okmulgee and the surrounding area with paternity matters, as well as issues involving divorce, guardianship, adoption, and other areas of common law marriage, and are ready to help you, too.

How Paternity Is Established

In Oklahoma, there are three basic ways to establish paternity.

These include:

  • Voluntary acknowledgement: If both parents agree, they can sign the Acknowledgment of Paternity (AOP), which is often completed at the hospital when the child is born. It can also be completed through the Oklahoma State Department of Health or Child Support Services. Once signed and filed, it takes legal effect but can be rescinded within 60 days.
  • Court order: If one parent disputes paternity or refuses to acknowledge it, either party can petition the court to determine legal parentage. This may require:
    • Conducting DNA testing to determine the biological father
    • Filing a petition to establish paternity
    • Attending a hearing where a judge evaluates the evidence
  • Administrative process: Oklahoma Child Support Services may initiate an administrative process that establishes paternity and child support. This may occur if one parent applies for public assistance or child support services.

Legal Rights and Responsibilities After Paternity Is Established

Once paternity is established, both parents gain legal rights and responsibilities. This may include:

  • Child support
  • Child custody and visitation
  • Decision-making authority regarding the child’s education, healthcare, and religion
  • Inheritance and benefits

In 2024, the state collected over $303 million in child support for approximately 166,025 children, demonstrating the commonality of payments and the needs of mothers and children for support. Eagan Law Office helps clients navigate each individual process to ensure that establishing paternity leads to a fair outcome for both parents and reflects the child’s interests.

When to Contact a Paternity Lawyer

Establishing paternity is important in so many ways and benefits all parties involved. Consider speaking to an Okmulgee paternity lawyer if any of the following apply:

  • You’re a mother seeking child support
  • You’re unsure whether you’re the biological father
  • You’re a father seeking custody, visitation, or decision-making rights for your child
  • You’re involved in a legal dispute involving parentage
  • You were named on the birth certificate, but have doubts that you’re the father

Consulting an attorney as soon as possible for any of the above scenarios can better position you for success. Eagan Law Office takes an assertive approach to protecting your legal rights. Paternity cases are handled by the Okmulgee District Court on W. 8th Street.

Defending Against False Paternity Claims

Not all paternity claims are valid. If you believe you are not the biological father, you can challenge paternity. Early intervention is crucial. Once paternity is legally acknowledged or ordered by the courts, contesting it can become much more difficult. Eagan Law Office can help you file motions to challenge paternity, obtain DNA testing, and represent you in court proceedings where parentage is disputed. Throughout this process, we recognize our ethical duties while representing children, always prioritizing their best interests and well-being in every case.

FAQs

Q: How Much Does It Cost to Establish Paternity in Oklahoma?

A: The cost of establishing paternity in Oklahoma varies depending on the method you use for testing and if the process is contested in court. If both parents sign the Acknowledgment of Paternity at the hospital when the baby is born, it may not cost anything. If paternity goes through the court, you can expect to pay additional court fees, attorney fees, and DNA testing costs.

Q: What Is the New Paternity Law in Oklahoma?

A: Oklahoma law has strengthened legal recognition for presumed fathers and clarified timelines for challenging paternity. New laws enforce child support from acknowledged fathers. Courts have the discretion to consider the child’s interests in disputed paternity cases. Laws also reinforce that if the Acknowledgement of Paternity is signed and not rescinded within 60 days, it becomes legally binding.

Q: Can I Sue My Ex for Lying About Paternity?

A: You may be able to sue your ex for lying about paternity if you suffered financial damages, such as paying child support for a child that isn’t biologically yours. In Oklahoma, you can claim fraud or misrepresentation in these instances. The courts will consider whether you signed a paternity acknowledgment or received prior court orders. These cases can be complex, so having an experienced family law attorney on your side is imperative.

Q: How Long Does It Take to Establish Paternity in Okmulgee, Oklahoma?

A: The timeline to establish paternity in Okmulgee, Oklahoma, depends on whether the process is voluntary or contested. If both parents sign the Acknowledgment of Paternity, then the paternity is immediately legal. However, if either parent contests paternity and court involvement is necessary, the process can take a while. Your attorney can give you an estimated timeline.

Contact an Okmulgee Paternity Lawyer

Eagan Law Office offers skilled representation tailored to your needs. Whether you’re a father looking to gain legal rights or a mother in need of support, establishing paternity is vital. Contact us today and let us walk you through your legal rights and options for establishing paternity in Oklahoma.

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