In Oklahoma, refusal to acknowledge paternity can complicate matters. This can include things such as child support, custody, and visitation. However, the law provides mechanisms for determining paternity even when the alleged father is unwilling to cooperate. We’ll explain the legal process for addressing a refusal to acknowledge paternity in Oklahoma, the rights and obligations of the parties involved, and the potential outcomes.
Why Is Establishing Paternity Important?
Paternity legally identifies a child’s father and establishes the father’s rights and responsibilities. After establishing paternity, the father may have to:
- Provide child support.
- Contribute to the child’s medical and educational needs.
- Exercise parental rights such as custody and visitation.
For the child, paternity determination ensures access to:
- Financial support from both parents.
- Health insurance and medical history.
- Inheritance rights and government benefits (e.g., Social Security or veteran’s benefits).
Ultimately, establishing paternity is not about the parents involved. Rather, the child who is impacted by the paternity determination is top priority. Oklahoma laws put the needs of the child first in nearly all instances no matter the parent’s feelings on the matter.
How Is Paternity Established in Oklahoma?
In Oklahoma, parties can establish paternity through the following methods:
- Voluntary Acknowledgment of Paternity (VAP): Both parents sign a legal document acknowledging the father’s paternity.
- Presumption of Paternity: A man is presumed to be the father if he is married to the child’s mother at the time of birth or within 300 days before the birth.
- Court Order: If there is a dispute about paternity, the court can establish paternity through legal proceedings.
If the father refuses to voluntarily acknowledge paternity, the mother, child, or state agency can initiate legal action to establish paternity. If the court orders the alleged father to submit to genetic testing, he must either comply or face harsh legal issues.
Legal Actions When the Father Refuses to Acknowledge Paternity
When a father refuses to acknowledge paternity, the mother, child, or the Oklahoma Department of Human Services (DHS) can file a paternity petition with the court. This legal action requests the court to establish the father’s identity and responsibilities.
The court may order genetic testing to determine biological paternity. The alleged father, mother, and child must provide DNA samples for testing. Genetic testing is highly accurate, with a 99.9% rate of successful results, and is the primary tool used by courts to confirm or deny paternity.
If the alleged father refuses to participate in court proceedings or genetic testing, the court may issue a default judgment, declaring him the legal father based on available evidence. This judgment carries the same weight as one based on genetic proof. This ruling is difficult to reverse and some judges may choose not to even if genetic results come back later stating the person is not the father.
Consequences of Refusing to Acknowledge or Establish Paternity
Refusing to acknowledge or cooperate in establishing paternity can have significant legal consequences for the alleged father:
a. Legal Determination of Paternity
If the court establishes paternity, the father is legally responsible for:
- Paying child support.
- Contributing to the child’s medical and educational needs.
Failure to comply with court orders can lead to wage garnishment, property liens, or other enforcement actions. Bank garnishments, while rare, can deplete all available funds in your account.
b. Loss of Parental Rights
While establishing paternity also grants the father certain parental rights, refusing to acknowledge or cooperate can delay or complicate his ability to seek custody or visitation. The court can sometimes view this as abandonment and can make it easier for a stepparent to adopt a child.
c. Financial and Legal Penalties
Non-compliance with court orders, including genetic testing, can result in fines or other legal penalties. Often this is in the form of a contempt citation. In more severe cases, they can file to take your tax return funds until the balance of the child support is paid in full.
What Are the Rights of the Alleged Father?
The alleged father has the following rights during the paternity determination process:
- The right to request genetic testing to confirm or deny paternity.
- The right to participate in all court proceedings.
- The right to challenge the paternity determination if fraud, duress, or material mistake of fact occurred.
However, the alleged father must exercise these rights within the timeframes specified by Oklahoma law.
Tulsa Paternity Attorneys
When a father refuses to acknowledge paternity in Oklahoma, the law provides clear processes for determining parentage and securing the child’s rights. Through court-ordered genetic testing and legal proceedings, paternity can be established, ensuring financial support and legal rights for the child. Here at our firm, we will prioritize your needs and get the results necessary to ensure the best interest of your child.
If you are involved in a paternity dispute, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.