Importance of Paternity
Hey guys, my name is Heath Davis, and I’m a practicing attorney here in the state of Oklahoma. I wanted to talk to you a little bit about what the process of paternity looks like.
Paternity in Oklahoma is very important for men because unless you are judicially adjudicated to be the father, then you don’t have any standing in the courts to seek any type of custodial or visitation rights. So it’s very important that that petition for paternity is done so that you can have that standing to make sure that your rights are protected.
If there’s any question in your mind that you aren’t the father, you also have the right to ask the court for a DNA test. It’s very important because once you’re judicially adjudicated to be the father in the state of Oklahoma, then you are in fact the father, and it’s very hard to undo.
The Process of Establishing Paternity in Oklahoma
So that process is initiated by one party filing a petition for paternity and an application for temporary orders. Once that’s filed, the court then issues us a summons, which allows us to serve the other party with those documents. Once that party is served, they then have 20 days to file a formal response to that petition for paternity, otherwise the court can enter a default judgment against them.
So if you are the one that has been served with that action, please remember the 20 days is extremely important for you to remember, otherwise that default judgment could be entered in against you, which could adversely affect your visitation rights and your custody rights.
Once that’s done, the court sets us for what’s called a Parenting Plan Conference, or otherwise what we refer to as a PPC. At that PPC, the court will provide you with some information with certain requirements that you’re going to need to do during the pendency of the case. One is watching a video, the second is attending a parenting course seminar. The court will also spend 20 to 30 minutes talking to you about navigating this process during the pendency of the case.
The court will also strongly encourage us to try to enter into an agreed temporary order without having the need to go in front of the district court judge. If we can’t enter into that order, the court will give us what we call a referral, and the court will set us for a temporary order hearing, at which time the court will consider evidence and testimony, and enter custody, visitation, and child support rights on a temporary basis.
Proceeding through the Paternity Process
Once that’s done, the parties typically enter into what’s called the Discovery Process. The Discovery Process consists of three components, interrogatories, request for production of documents, and request for admissions. Those are simply questions that we can ask to gather certain information, gather certain documents, and either get some admissions or denials as to statements of fact in preparation for trial.
Once that’s done, the courts require us to go through the mediation process. Mediation is simply a process where both parties attend with their attorneys, and a third party is present to try and help them reach an agreement, either on a temporary basis or on a permanent basis. If that can’t be done, then the court will set us for a final trial.
At that final trial, the court will make final determinations with regards to custody, visitation, and child support. So, please remember two things, that 20 days is very important, and if you have any doubt in your mind with regards to whether or not you are the father, I would strongly encourage you to consider a DNA test.
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If you are in need of legal guidance or have questions about the paternity process in Oklahoma, we are here to help. Contact us for a initial consultation . Take the necessary steps to protect your rights and secure your role as a father.
