In Oklahoma, an Acknowledgement of Paternity (AOP) is a legal document used to voluntarily acknowledge the biological relationship between a father and a child when the parents are not married at the time of the child’s birth. This is an important document that carries with it major legal consequences for all those involved.
A Voluntary Acknowledgement
The Acknowledgement of Paternity is a voluntary acknowledgment by both the mother and the alleged father that he is the biological parent of the child. It’s a way to legally establish paternity when there is no dispute or need for genetic testing. The key to being voluntary is an acknowledgement done without cohersion or threats. It must also be done free of any fraud as to who is the actual father of the child.
Availability Of The Acknowledgement
AOP forms are typically available at hospitals, birthing centers, county vital records offices, and the Oklahoma Department of Human Services (DHS). The most common way a parent signs the AOP is at the hospital when the child is born. Both parents must complete and sign the form in front of a notary public or witness, depending on the specific requirements in Oklahoma.
Legal Impact of Signing The AOP
Once properly executed and filed with the appropriate authorities, the AOP serves as legal recognition of paternity. It establishes the alleged father as the legal father of the child and may grant him certain rights and responsibilities, including potential child support obligations and visitation rights. It’s important to understand that an AOP in itself does not establish physical custody and visitation. For this the acknowledged parent must file a paternity case in the district court where the child is found. The AOP is an adjudication of paternity and in many instances does away with the need to take any DNA tests.
Revocation of The Acknowledgement
In Oklahoma, there is a limited period during which either party can revoke or challenge the AOP after it has been signed. In Oklahoma, under the current law, a parent has 60 days from the date it’s signed to resend it. If after the 60 day period has run the challenge becomes much more difficult. To be successful the moving party must show fraud or duress. This is presented to judge and after a trial the Judge decides the issue by clear and convicting evidence.
A Voluntary Revocation
This is the case when the parties are seeking to change the AOP to the biological father after the rescission period has run. This seems like its easy but it’s not. The first thing is that DHS will enter its appearance in the case. It’s also required that all the parents including the acknowledged father and the biological mother agree. Short of all the parents agreeing the revocation is not successful. The court will also require a best interest hearing. At the hearing parents must show the court that the switch is in the best interest of the child.
Child Support Will Be Calculated
Establishing paternity through the AOP can lead to the obligation to provide financial support for the child, as the legal father may be required to pay child support. It’s calculated based on the income of both parents and uses the Oklahoma Child Support calculator. Other factors in deterring how much child support is due are how many overnights the father has with the child. Child support will be enforced by DHS or the parent receiving child support.
Tulsa Paternity Attorneys Near You
In Oklahoma signing an acknowledgement of paternity has consequences for parents. Once signed a Father is considered the legal parent of the child and this confers a whole host of connotational rights and obligations. The attorneys at Tulsa Divorce Attorneys and Associates help with all paternity issues in Oklahoma. Call us today at 539.302.0303 for a Free consultation or ask us us a free legal question on line