Oklahoma Paternity and Child Custody

by Zach Waxman on September 23, 2012

DNA Testing and Denying Paternity

Taking a DNA, may seem like a simple way to determine the true paternity of a minor child.  However, as previously discussed, there is a presumption of paternity in certain situations.  A DNA test may not save you from having to pay child support or preventing an individual from having rights of visitation and custody of your child.

The court may deny the necessity of a DNA test when:

1. The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and

2. It would be contrary to the child’s best interests to disprove the father-child relationship between the child and the presumed or acknowledged father.

The court will always will look what is best for the child, and will base its decision on whether a DNA is necessary by examining the following:

1. The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;

2. The length of time during which the presumed or acknowledged father has assumed the role of father of the child;

3. The facts surrounding the presumed or acknowledged father’s discovery of his possible non-paternity;

4. The nature of the relationship between the child and the presumed or acknowledged father;

5. The age of the child;

6. The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;

7. The nature of the relationship between the child and any alleged father;

8. The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and

9. Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.

If the court in Oklahoma finds that a request for DNA testing is unnecessary, the Oklahoma family court WILL IMMEDIATELY issue an order adjudicating the presumed or acknowledged father to be the father of the child

For a Free consultation with a Tulsa child paternity lawyer please call 918-742-3544 or click on send a message

 

 

 

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