Understanding the Presumption of Paternity
Hi, I’m the Tahlequah paternity attorney Aaron Grubb at Wirth Law Office, and in this video, we’re going to talk about the presumption of paternity. Presumption of paternity means that the court presumes that you are the parent, usually the father, of a certain child. There are several ways in which paternity is presumed without any kind of genetic testing or anything like that.
Specifically, there are five ways in the statute that lay out the presumption of paternity. The first one is that the child is actually born during the marriage. This can be the case even if the father is another person outside the marriage. If the other person is not on the birth certificate and does not acknowledge the child, you can be presumed as the parent simply because the child was born during your marriage.
Key Criteria for Presumption of Paternity
The second way is if the child is born within 300 days of the termination or dissolution of your marriage. This means that even if the official marriage has ended, you may still be presumed to be the father if the child is born within that timeframe. Additionally, the third scenario occurs when the marriage is apparently valid but is deemed invalid due to reasons like lack of a marriage license or other state law discrepancies.
Despite the invalidation, if the child was born during or within 300 days after this supposed marriage, paternity can still be established. The fourth way is through an assertion of paternity, where there has been an attempt at a valid marriage. If there’s documentation of this assertion with the Department of Health, Division of Vital Records, or DHS, then paternity can be presumed.
Living Arrangements and Paternity
Moreover, if you are named as the father on the birth certificate or have pledged to support the child, you can be presumed to be the father. The fifth method is that for the first two years of the child’s life, if you are residing in the same household and presenting yourself as the child’s father, you can also be presumed as the parent. This establishes a parental role even in the absence of legal acknowledgment.
If you have any questions regarding paternity actions or the paternity of your own children, please contact us. Again, my name is Aaron Grubb. I’m the Tahlequah family attorney at Wirth Law Office.
Schedule Your Low-Cost Initial Strategy Session
If you’re seeking clarity on your paternity questions, I invite you to schedule a low-cost initial strategy session with me. Call us at (918) 458-2677 to get started on resolving your paternity concerns today.
