Tulsa Paternity Determinations Lawyers

Paternity Lawyers and Child Custody:
This is a case type that seems to cause many of my clients a bit of confusion.  Determinations of judicial paternity exist when a child is born out of wedlock or when a child is born inside a marriage but is not the natural child of one of the partys to the marriage.

Children born outside of marriage must be judicially determined by the district court to be the child of the unwed natural father.  This is because  when a child is born during a marriage it is presumed under the law that said child is the natural child of the married persons and when this same child is born outside a marriage the presumption does not exist. This is the case regardless of if the natural father has been ordered by the administrative court at DHS to pay child support or if this same parent has signed the childs birth certificate.  The reason for this is that only the district court in the county where the child can be located has jurisdiction to determine custody and visitation of those children born outside a marriage.

Custody determinations are made the same way they are as if the child was born to a marriage or born outside a marriage.  Oklahoma child custody statutes presume that both parents be given equal access to the child or children based on the best interest of the child.  This means that the the party who is claiming sole custody has the burden of showing the court that joint custody is not in the best interest.

If you would like a free consultation with a family law lawyer here in Tulsa call us at 918-742-3555 or simply send us an email.