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§ 109.2. Paternity determination

Oklahoma Statutes AnnotatedTitle 43. Marriage and Family

Oklahoma Statutes Annotated
Title 43. Marriage and Family (Refs & Annos)
Divorce and Alimony
43 Okl.St.Ann. § 109.2
§ 109.2. Paternity determination
A. Except as otherwise provided by Section 7700-607 of Title 10 of the Oklahoma Statutes, in any action concerning the custody of a minor unmarried child or the determination of child support, the court may determine if the parties to the action are the parents of the children. In a paternity action, prior to genetic testing to establish paternity pursuant to the Uniform Parentage Act,1 the court may award custody to the presumed father if it would be in the best interests of the child. As used in this subsection, “presumed father” means a man who, by operation of law under Section 7700-204 of Title 10 of the Oklahoma Statutes, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
B. If the parties to the action are the parents of the children, the court may determine which party should have custody of said children, may award child support to the parent to whom it awards custody, and may make an appropriate order for payment of costs and attorney fees.


Laws 1976, c. 137, § 1, operative Oct. 1, 1976. Renumbered from Title 12, § 1277.2 by Laws 1994, c. 356, § 35, eff. Sept. 1, 1994. Laws 1997, c. 403, § 5, eff. Nov. 1, 1997; Laws 2008, c. 99, § 5, eff. Nov. 1, 2008; Laws 2015, c. 133, § 1, eff. Nov. 1, 2015.


Title 10, § 7700-101 et seq.
43 Okl. St. Ann. § 109.2, OK ST T. 43 § 109.2
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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