Family law cases in Oklahoma can be notoriously difficult for all involved, because oftentimes emotions run high and there can be problems with determining what, exactly, the best solution to the issue really is. Custody and visitation, divorce, child support, adoption – these are all family law issues that can leave the parties involved grasping for answers. When the family law issue involves children, however, typically the first step is establishing paternity.
Our readers may know that “paternity” refers to determining who the child’s father is – legally speaking. Before a family law judge can make decisions about child support, visitation or custody, for example, that judge needs to know that he has the right person involved. The issue of paternity might be addressed in one of a few ways.
First, if the family law case involves a married couple as parents of the child, then the husband is presumed to be the legal father of the child. Of course, that is a rebuttal presumption if the husband is making the claim that he is not, in fact, the actual father of the child. In that type of situation, or when the parents of the child were never married to begin with, a DNA test will usually resolve the issue of paternity. These tests are considered to be highly accurate and, based on the results of a DNA test, a family law judge can make a determination on legal fatherhood.
The first step
If you know that a family law issue is moving toward becoming a court case, make sure that you are taking a step-by-step approach. In some cases, the first step is establishing paternity.