Child Visitation, Legitimation and Paternity

When you are married parents of the same children who are going through a divorce in the state of Oklahoma there are many details that must be addressed. But one thing that is not going to be an issue is the matter of paternity. When a couple who are married have a child, the husband is presumed to be the father in the eyes of the law.

Couples who have a child out of wedlock are in a somewhat different position. They have to proactively prove the paternity of the father, but when both of the parties agree with regard to the parentage of the father the process is pretty simple. To assert paternity both parents have to fill out and sign an Acknowledgment of Paternity, which is form 03PA209E. You can do this right at the hospital, medical center, or birthing center, but it can alternately be filled out and filed at a later date.

One of the places that the Acknowledgment of Paternity form 03PA209E can be obtained is at the Oklahoma State Department of Health. This may be the best choice because this is the entity that will issue a new birth certificate with the father’s name on it. However, the form can also be obtained at any state child support office, county health departments, and at Oklahoma Department of Human Services offices.

Of course there are cases when the mother alleges that a man is the father and he denies it; when the man claims to be the father and the mother denies it; or when neither party is certain. There was a time when these disputes could be difficult to sort out, but now DNA testing is used to determine parentage with full certainty. Once the paternity of the father has been established through genetic testing, he is entitled to visitation and subject to child support obligations.

For legal advice about child visitation, legitimation and paternity, contact a Lawton OK family lawyer to arrange for a free consultation.