Family Law is one of the most emotionally difficult and confusing areas of the law in which you may find yourself. The Persaud Law Office has practiced family law for many years, and we can sympathize with your plight. If you need a family attorney, a custody lawyer, a guardianship attorney, or a divorce lawyer in Bartlesville, we can help.
The Persaud Law Office represents both wives and husbands in divorce cases. You may need a divorce lawyer, if:
You are going through a divorce;
you have been divorced in the past, and you want to change custody, visitation, or child support;
your ex-spouse is refusing to follow the terms of your divorce decree; or
your ex-spouse is accusing you of not following the terms of your divorce decree.
You will likely need a lawyer to assist you in a divorce case. Oklahoma family law is so complicated that few non-lawyers can understand all of their rights and obligations, and the legal procedures involved, in a divorce case. Furthermore, divorce cases are very emotional, so you will likely be too emotionally involved in your case to be able to objectively see what is the best course of action to take in court. For more information on when you need a lawyer, see my blog post: Should you represent yourself?
Paternity Lawyer in Bartlesville, OK
Thank you for considering our firm to assist with your paternity case needs. Persaud Law Office is a full-service family law firm that works with clients in Bartlesville, OK and its surrounding areas. If you feel you need to speak to a paternity lawyer for any reason, the Persaud Law Office is willing to help you. Contact us using the link below.
What is Paternity Law?
In Oklahoma, paternity law deals with the legal rights and obligations of parents who are not married to each other. If two parents, who are not married to each other, desire that a court rule on custody, visitation, or child support, one or both of the parents has to file a paternity case in court. Once a court determines that a man is the father of the child, both parents have the same legal rights as parents who are married to each other.
A paternity case has some similarities to a divorce case. The rules for deciding custody, visitation and child support in a paternity case, are the same as the rules in a divorce case. However, in a paternity case (unlike a divorce case) a court cannot award alimony, divide property between the parents, or grant a protective order.
How Can the Persaud Law Office Help with Your Paternity Case?
Certain situations, in which you would need a paternity lawyer, include:
If you want to file a paternity action. If the parents are not married, either parent may file a paternity action. The Persaud Law Office can write up a paternity petition for you to file in court. Also, after you have filed the paternity action, you will likely need to appear in court for hearings; you may also need to attend mediation. the Persaud Law Office can represent you at hearings or at mediation.
Most paternity cases settle out of court, and do not go to trial. However, if your case does go to trial, you definitely need an experienced paternity attorney to represent you at trial. The Persaud Law Office will represent you at trial, if necessary.
If the other parent has filed a paternity action against you. If the other parent has filed a paternity action against you, you usually have to file an answer in court within twenty days after you were served.
It is essential that your answer be written and filed properly; therefore, it is best to have a child paternity lawyer, write your answer for you. Also, if the other parent has filed a paternity action against you, you will need a paternity attorney to represent you at hearings, mediation, and trials, if there are any.
If there is already a paternity order in place, and you or the other parent wants the order changed. A paternity attorney can help you file a motion to modify the order. A paternity lawyer can also represent you at any hearings, mediation sessions, or trials on a motion to change custody. When it is time to re-write the order modifying, we can also draft the order so that it complies with applicable law.
If there is a question or disagreement as to who is really the father. This is a time when it is particularly important to hire a paternity lawyer. If you are not careful, the following very unfortunate events could occur:
If you are a man, you could end up paying child support for a child who is not yours;
If you are a woman, you could end up giving visitation (or even custody) to a man who is not the father of your child;
If you are the father of a child, someone else who is not the father could end up having visitation or custody.
What Makes Persaud Law Office Different?
The Persaud Law Office has handled paternity cases for ten years. In addition, the Persaud Law Office has also served as counsel in a large number of divorce cases involving minor children. Because the rules for a paternity case are largely the same as the rules for a divorce case involving minor children, the Persaud Law Office has ample experience with the issues involved in a paternity case.
The Persaud Law Office will make your case a priority. We will not treat you like you are just a number. We will do whatever it takes to look out for the best interests of your child.
If you need help on any matter related to paternity, don’t hesitate to give us a call. We offer free consultations.
Who is Kyle Persaud?
Kyle Persaud has practiced family law in Oklahoma since 2009. He strives to ensure that children receive adequate financial support. He also endeavors to see that courts, and DHS Child Support Enforcement, provide fair and just treatment to parents ordered to pay child support.
Paternity Law FAQs
What is a presumed father?
A man is presumed to be the father of a child if:
- He and the mother were married to each other when the child was born, or less than 300 days before the child was born; or
- He and the mother married after the child was born, and the man claimed to be the father in a record with the Department of Human Services (DHS) or the State Department of Health, or on the child’s birth certificate; or
- He and the mother married after the child was born, and he promised in a record to pay child support; or
- He resided in a home with the child for the first two years of the child’s life, and openly held out the child as his own.
What is an “acknowledgment of paternity”?
An acknowledgment of paternity is a document, provided by DHS, which both the mother and the father sign. Once an acknowledgment of paternity is signed, the man signing the acknowledgment has all the legal rights and obligations of the father. If a child has a presumed father, no one may sign an acknowledgment of paternity, unless the presumed father signs a denial of paternity at the same time.
I’ve heard about a new law in Oklahoma that changes the time you can file a paternity suit. What does this law say?
There used to be a law saying that if a child had a presumed father, no one could challenge paternity if the child was over two years old, and that is someone had signed an acknowledgment of paternity, no one could challenge the acknowledgment over two years after signing. The new law says, that if a child with a presumed father is over two years old, or if parents signed an acknowledgment of paternity over two years ago, paternity may be challenged at any time, if fraud existed. Click here to read more about the new law.
How can I terminate the other parent’s parental rights?
The only ways that parental rights may be terminated in Oklahoma, are 1) if the State files an action alleging abuse or neglect; and 2) in an adoption. Click here to find out how to start an adoption.