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Identifying Paternity Red Flags

One of Child Support Service’s main duties is to establish paternity for every child born out-of-wedlock in Oklahoma. Paternity establishment has many important benefits, but also some serious consequences. Once paternity has been established for a child, it is difficult or impossible to “undo.” Knowing and watching for the following “red flags” (legal issues) when working a paternity or establishment case will help CSS identify the correct legal father for a child, ensure that all parties receive a fair opportunity to participate in the legal proceedings, and establish and maintain a reliable source of support for the child.

Prior to preparing paternity pleadings, staff should:

  1. Check Oklahoma Supreme Court Network and Oklahoma District Court Records for previous litigation or marriages of parties;
  2. Check the file for P04 Paternity Questionnaire, and ensure that the P04 is fully completed;
  3. Check the case log for information regarding the existence of an Acknowledgment of Paternity or other communication from parties; and
  4. Refer any questions or concerns to State’s Attorney.

Legal Authorities

10 O.S. § 7700-101 & following
OAC 340:25-1-1.2(b)(1)
OAC 340:25-5-176
OAC 340:25-5-176.1