Understanding Paternity: Key Steps and Considerations
Are you currently sitting in a gray area with respect to the custody, visitation, and child support of your children? Hi, I’m Tahlequah paternity attorney Aaron Grubb at Wirth Law Office. In this video, we’re just going to talk about the basic requirements for a standing case or a paternity case.
The first requirement is standing, which means you have the authority to bring a suit. People who have the authority to establish paternity include the mother, the father, the child, or DHS. There are a multitude of reasons why any of these parties would want to bring a paternity action.
Reasons for Establishing Paternity
For instance, a father or mother may seek custody and visitation rights. Alternatively, a mother may wish to establish that an alleged father is indeed the actual father, leading to a court adjudication of paternity. This can be critical for financial reasons, such as needing child support from the father.
A child might also want to bring a paternity action for inheritance purposes. If a will states, I bequest my estate to all my children, and there’s a gray area regarding a child’s legal status, it can be beneficial to have a court adjudication affirming their relationship to their parents.
The Importance of Timely Filing
Lastly, let’s discuss the timing of filing a paternity action. Filing is incredibly important, and you should do it as soon as possible. Once paternity is established, you may be able to allocate certain costs to the other party, such as child support.
According to the statute, you can only go back and request child support for the previous two years from when the action was filed or to the birth of the child, if the child is under two years old. Therefore, it’s vital to take action promptly to avoid losing out on potential financial support.
Get Started with a Low-Cost Initial Strategy Session
If you’re considering filing a paternity action, please contact us for assistance. My name is Aaron Grubb, and I am a Tahlequah family law attorney at Wirth Law Office. Call us today at (918) 458-2677 to schedule a low-cost initial strategy session.
