In Oklahoma, a denial of paternity is a formal declaration by a presumed father that he is not the biological father of a child. This typically occurs when a man wishes to be relieved of the legal obligations of fatherhood, such as child support and custody. For this to happen, he must file the denial of paternity with the court. Doing so will typically involve genetic testing to establish biological paternity.
Legal Process in Oklahoma
To initiate a denial of paternity in Oklahoma, there are several steps to follow:
- Filing a Petition: The presumed father must file a petition with the appropriate family court. This petition outlines the reasons for denying paternity and requests genetic testing to determine biological parentage.
- Genetic Testing: The court will typically order genetic testing for the child, the presumed father, and, occasionally, the mother. This testing establishes whether there is a biological relationship between the presumed father and the child.
- Court Hearing: After the genetic testing results are available, the next step is to schedule a court hearing. During this hearing, the court reviews the evidence, such as the genetic test results.
After reviewing all of the evidence the parties present, they will then determine whether to grant the denial of paternity. If the court grants the denial, this order legally terminates the presumed father’s parental rights and responsibilities.
Grounds for Denial of Paternity
Oklahoma law provides specific grounds under which a court may grant a denial of paternity:
- Genetic Evidence: Genetic evidence can be used to show that the presumed father is not the biological father of the child. However, DNA testing must conclusively exclude the presumed father as the child’s biological parent.
- Fraud or Mistake: If the presumed father can prove that his acknowledgment of paternity was based on fraud, duress, or material mistake of fact, the court may grant a denial of paternity. This can occur in situations such as ones where the mother misled the presumed father about his paternity.
- Lack of Relationship: In some cases, if the presumed father can demonstrate that he has not established a parental relationship with the child and has not acted as a father figure, the court may consider this as a factor.
If you meet any of these criteria, you may be able to pursue a denial of paternity.
Implications of Denial of Paternity
The implications of a granted denial of paternity are significant:
- Termination of Parental Rights: The presumed father’s parental rights and responsibilities are legally terminated.
- Impact: The child may lose any legal claim to inheritance, support, and other benefits from the presumed father. Additionally, it is important to consider the emotional and psychological impact on the child.
- Legal Status: If it’s possible to identify the biological father, then he may assume parental rights and responsibilities. This includes things such as child support and custody arrangements.
These are factors that you should put consideration into before deciding that this is the best choice for you.
Tulsa Paternity Attorneys
A denial of paternity in Oklahoma is a legal process by which a presumed father can deny his parental rights and responsibilities if he is not the biological father of a child. Legal grounds for this include conclusive genetic evidence, fraud or mistake, and lack of a parental relationship. If you’re wondering if this is an option for you, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.