When a child is born out of wedlock, a legal proceeding must be conducted to legally determine the biological parents of the child. An order of paternity must be entered before such things as child support, visitation, and custody can be ordered.

Paternity cases will be initiated in one of the following forums:

1. Administrative Court

2. District Court

A paternity case may be initiated by the state of Oklahoma through the Oklahoma Department of Human Services, otherwise known as DHS. This is an administrative proceeding that will establish paternity of the child, child support, and issues concerning medical and child care. The administrative court will not consider issues involving custody and visitation.

A paternity case can also be filed in the District Court. If the case is initiated in District Court, all issues will be addressed including custody, visitation, and attorney fees.

It is critical that you contact an attorney immediately upon being served with a paternity suit. The actions that you take at the very beginning of the case are very important and can have a dramatic impact on the final outcome of your case and your future quality of life and the welfare of the children. There are certain time limitations in every case. If you fail to take the proper action at the proper time, your case can devastated or even lost completely by default.

If you or someone you know has been served with court documents for a paternity case, you should contact a lawyer immediately. You do have rights when you find yourself in this situation. However, it is your responsibility to exercise these rights. Your rights will not come looking for you.

-- Louden Law Firm, P.C.