The need for genetic testing in Paternity cases arises when there is a need 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 Paternity cases.
Genetic Testing in Paternity Before the Child is Born:
Our clients often ask if genetic testing can occur prior to the birth of the child. The answer is yes, however it probably won’t be a family court order. For parties that are not married, the father is allowed to file a paternity action before birth. He may also 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 if the father questions paternity of the child, that he does not sign the acknowledgement of paternity. This could have long lasting effects of establishing paternity without the possibility of a successful challenge.
If the parties are in a marriage, the law provides that a husband is the presumptive father of the child. If the child is not the husbands and the mothers knows the biological father, 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. He should also request genetic testing again. The court may not approve this though until after the minor child is born.
Contact a Tulsa Family Lawyer For Help:
If you’re 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. Don’t 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.
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