Sometimes the Court is called upon to make a child custody and child support determination for persons who were never married or who were married, but conceived a child outside of the marriage. This is done through a paternity action. A paternity action can be brought by either the mother or father of the minor child. If a father disputes that he is the father of the child, he can request a DNA test to be conducted. If the DNA test reveals that he is the father, the Court will proceed with a child support, child custody and visitation order. If the DNA test reveals that he is not the father, he will be dismissed from the paternity lawsuit.
As a general rule, a parent can file a paternity action any time before the child reaches the age of majority. If the mother files the action, she can claim child support for the preceding 5 years. If the father has not paid any child support, he will be subject to an arrearage for the previous 5 years or since the child's birth, whichever is shorter. The mother can also collect some expenses of the child's birth from the father through this paternity action. The Court will set child support in the amount pursuant to the Guidelines of the State of Oklahoma.
The Court will also make a custody and visitation determination in its final decree of paternity. The Court will view the custody determination using the "best interests of the child" standard as it would in a typical divorce action. The Court will also order visitation in accordance with the best interest of the child. In all cases where a person has a child with another person and that child is not of a marriage, the person should contact an attorney to obtain legal advice specific to their situation.
