Tulsa Lawyers Discuss Genetic Testing in Oklahoma Divorce or Paternity

October 18, 2016 8:07 pm

The need for genetic testing in Oklahoma Divorce or Paternity cases arises when there is a needGenetic Testing in Oklahoma Divorce or Paternity to contest or to establish who the father of a child is.  It’s important to note that fathers can only bring challenges to paternity, with very limited exceptions, within in the first two years after the child is born.  Additionally, genetic testing conducted individually by the parties is not admissible in court. This is because some of those tests may not be accurate. Rather, only Court approved tets will be admissable for Genetic Testing in Oklahoma Divorce or Paternity cases.

Genetic Testing Before the Child is Born:

We’re often asked if genetic testing can be done prior to the birth of the child.  The answer is yes, however it probably wont be ordered by the family court.  For parties that are not married, the father is allowed to file a paternity action before the minor child is born and request genetic testing on the unborn child.  However the court may not grant an order for genetic testing because such tests can have risks to the unborn child and the court may just wait until the child is born to address all issues, including custody, visitation and genetic testing at once.

Oklahoma Acknowledegements of Paternity:

It’s very important that if the father does not believe or questions the paternity of the child, that the father does not sign the acknowledgement of paternity at the hospital, since this could have long lasting effects of establishing paternity that cannot be successfully challenged.

If the parties are married, the law provides that a husband is the presumed father of the child.  If the child is not the husbands and the biological father is known, then genetic testing may not be necessary.  Instead, the husband can sign a denial of paternity and the biological father can sign an acceptance.  If the biological father is unknown then the husband will need to bring a proper challenge and request genetic testing, again with the court possibly not approving an order until after the minor child is born.

Contact a Tulsa Family Lawyer For Help:

If youre involved in a Tulsa divorce or paternity case we can help you. Child custody is the most important aspect of your past relationship. The marriage or relationship may be over but child custody issues are just begining. Dont go it alone. Get the help of a family law attorneys at Tulsa Divorce Attorneys and Associates today. Call 539-302-0303 for your free consultation.