Child Visitation, Legitimation and Paternity

In the state of Oklahoma when a married woman gives birth to a child it is assumed that her husband is the father of the child. Therefore he is afforded all of the rights of parentage from the day that the child is born and his name will appear on the birth certificate. Should the couple get divorced at some point in the future the father’s right to possible custody and visitation will be inherently recognized by the state. By the same token, his responsibility to provide for the child financially will also be a given.

When a couple has a child out of wedlock the matter is not as cut and dried. However, if both parties agree with regard to the paternity of the father asserting parentage is really rather simple. The parents can choose to fill out, sign, and submit an Acknowledgment of Paternity form 03PA209E right in the hospital or birthing center at the time of the child’s birth.

If the parents do not execute this document at that time for whatever reason, they can do so after they leave the hospital. The  Acknowledgment of Paternity form can actually be downloaded online from the Oklahoma Department of Human Services website. It can also be obtained in person at the Oklahoma State Department of Health or at any Oklahoma Department of Human Services office.

Should the couple decide to go through the process of legitimation, which is when they simply get married after the child is born, they would still have to assert the parentage of the father with an  Acknowledgment of Paternity.

In cases when the parties are not in agreement with regard to the paternity of the father DNA testing will be used to settle the matters. More often than not these paternity actions are brought by a single mother seeking to collect child support payments. But there are cases when a man alleging to be the father of a child will attempt to prove his paternity in an effort to win visitation rights that are being denied by the mother.

For legal advice regarding child visitation, legitimation, and paternity contact an Oklahoma City OK family attorney to arrange for a free consultation.