Oklahoma Law Overview
The Norman Law Office of Cindy Allen, PLLC works extensively in the areas of divorce and paternity in Cleveland County and throughout central Oklahoma. This page provides an introduction to divorce and paternity law in Oklahoma.
Common Issues in Divorce
Property Division - Oklahoma is an "equitable distribution" state, meaning that the marital property will be divided in an equitable fashion between the divorcing spouses. Equitable means fair but does not necessarily mean equal or 50/50. Division of the marital estate includes allocating debts as well as assets.
Spousal Support (alimony) - The court can order support to be paid from one spouse to another, either temporarily or for a certain number of years, except that payments will terminate on the death or remarriage of the party receiving support. A support decree may later be modified by proof of changed circumstances in the need for or ability to pay support, or if the party receiving support cohabitates with another.
Child Custody - If the parents cannot agree on custody, the court will order custody in the best interests of the child. Generally, the order will encourage both parents to have continuing contact with the child, and to share in the rights and responsibilities of raising the child. However, many factors can influence this decision.
Custody can be sole or joint, and includes legal custody as well as physical custody. Legal custody refers to the job of making medical, educational, religious and other decisions affecting the child, whereas physical custody refers to which parent the child actually lives with.
Child Support - The court may order either parent to pay child support. A guideline for a monthly support amount is determined according to each parent's gross income. This amount may be modified after considering insurance, medical, transportation and other costs and needs of the child.
Paternity
In addition to actual paternity suits, paternity issues may arise in a variety of legal matters, such as divorce, adoption or probate proceedings.
The person who was married to the birth mother at conception is presumed to be the father absent any challenge or evidence to the contrary. This presumption also applies to a man who lived with the child for the first two years of the child's life and treated the child as his own. An adoptive father is also considered the legal father.
Paternity can be established by a knowing and intelligent voluntary acknowledgement by the putative father that the child is his. This acknowledgement will remain effective as long as there is no other presumed, acknowledged, or adjudicated father. An acknowledgement can be rescinded under certain conditions.
Other than voluntary acknowledgement, paternity may be established by the court through a paternity suit. A parentage (paternity) action can be brought by the child, the mother, or the father, as well as a support agency or adoption agency.
Genetic testing may be used to establish or challenge paternity. Genetic testing can be ordered even without initiating paternity litigation, if based on the reasonable probability of sexual contact between the putative father and the mother. Refusing to submit to genetic testing can result in an adjudication of parentage.
The establishment of paternity entitles the father to all the rights and responsibilities of parenthood, including issues of child custody as well as child support.
Seek Experienced Legal Counsel
As a former Assistant District Attorney in charge of the child support enforcement division for Cleveland County, Cindy Allen gained a wealth of knowledge and experience in handling issues in divorce and paternity actions. Ms. Allen brings that knowledge and experience to her own practice, representing parties in divorce proceedings and actions to establish or challenge paternity. If you are seeking an attorney who will aggressively protect your rights, contact the Law Office of Cindy Allen, PLLC for a consultation.
