Okla. Stat. » Title 43 — MARRIAGE AND FAMILY
Oklahoma Statutes

Okla. Stat. tit. 43, § 109.2 (2026)

Paternity determination

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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, 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. Added by Laws 1976, c. 137, § 1, operative Oct. 1, 1976. Renumbered from § 1277.2 of Title 12 by Laws 1994, c. 356, § 35, eff. Sept. 1, 1994. Amended by 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.

Notes of Decisions
Cited in 4 cases, 1998–2019 · leading case: Andersen v. Fellers, 1998 OK CIV APP 53, 960 P.2d 851.
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Andersen v. Fellers, 1998 OK CIV APP 53, 960 P.2d 851. · cites it 2× “¶ 15 Fellers asserts that 43 O.S.1991 § 109.2 establishes the limits of jurisdiction in a paternity case and that § 109.”
State Ex Rel. Dept. of Human Servs. v. Coldwater, 2016 OK CIV APP 3. · cites it 8× “43 O.S.2011 § 109.2 ¶12 Father first argues that because the trial court granted him legal custody, "43 O.”
Beck v. Cannon, 2019 OK CIV APP 22, 439 P.3d 451. · cites it 3× “[The] presumption of paternity cannot be displaced absent either (1) an adjudication of his non-paternity by a court of competent jurisdiction (a) in an action for divorce as permitted by 43 O.S. §109.2, or (b) as mandated by §7700-204(B), in a timely commenced action under 10 O.”
Bates v. Copeland, 2015 OK CIV APP 30, 347 P.3d 318. · cites it 4× “Copeland's presumption of paternity cannot be displaced absent either (1) an adjudication of his non-paternity by a court of competent jurisdiction (a) in an action for divorce as permitted by 43 O.S. §109.2, 5 or (b) as mandated by §7700-204(B), in a timely commenced action…”
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