When a child’s parents are unmarried, and the child’s mother has sole physical custody of the child, in general the child’s father may be ordered to pay child support. However, before a child support order can be executed, paternity must be determined. One way paternity is established in Oklahoma is if the father signs a voluntary acknowledgement of paternity form, either in the hospital or shortly thereafter. Such a form indicates that the father agrees he is in fact the child’s father.

In certain circumstances, Oklahoma law allows a father to challenge the acknowledgement of paternity he initially signed. For example, a challenge can be made on the basis of fraud — for example, if the father feels the mother lied to him in order to get him to sign the acknowledgement of paternity. Another basis a challenge can be made on is duress — that is, that he was forced into signing the acknowledgement of paternity. A third basis is a mistake of fact that is material in nature.

However, a father who wishes to challenge the acknowledgement of paternity must do so in a timely fashion. In fact, such a challenge must be brought within 24 months after he signs the acknowledgement of paternity. In addition, the father challenging the acknowledgment bears the burden of proving it should be nullified by clear and convincing evidence. This can be a high standard to meet.

Because of the intricacies of the legal system, particularly when it comes to paternity, a father may not want to challenge an acknowledgment of paternity on his own. Instead, he may want to seek the advice of an attorney who has experience representing clients in such matters.