Department of Human Servs. ex rel. Martin v. Chronister

Department of Human Servs. ex rel. Martin v. Chronister
1997 OK CIV APP 50
945 P.2d 511
68 OBJ 2957
Case Number: 88058
Decided: 09/11/1997

DEPARTMENT OF HUMAN SERVICES, ex rel.

AFFIRMED

Douglas G. Dry, Wilburton, Oklahoma,

OPINION

GARRETT, Judge

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§6. Custody of child born out of wedlock

Except as otherwise provided by law, the mother of an unmarried minor child born out of wedlock is entitled to the care, custody, services and earnings and control of such minor.

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C. Proceedings to establish paternity may be brought in the appropriate district court or through the Department of Human Services, Office of Administrative Hearings: Child Support, by the mother, the father, guardian or custodian of the child, the Department of Human Services, the district attorney, a public or private agency or authority chargeable with the support of the child, or by the child. The court,after determining paternity in a civil action, shall provide for the support and maintenance of the child.The court shall further make provision for custody and visitation based upon the best interests of the child. [emphasis supplied].

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JONES, P.J. and ADAMS, C.J., concur.

FOOTNOTES

1The issues raised in the motion for new trial and the amended motion for new trial are:

1. The Court erred in applying the wrong standard at conclusion of the evidence when it awarded custody to Defendant.

2. The Court erred in modifying custody of the minor child without the showing of a substantial change in circumstances that substantially and materially affecting (sic) the welfare of the minor child.

2Section 6 applies so long as the child's father is not involved. When the father and his parental rights are in issue, §6 no longer is controlling. Any other construction would cause the validity of §6 to be questionable. Cf.Baptist Medical Center of Oklahoma, Inc. v. Aguirre, 1996 OK 133 , 930 P.2d 213 .

3The appellate record does not contain the transcript of the paternity trial. The only evidence filed in this appeal is one volume of exhibits received at that trial. The transcript of the hearing on the motion for new trial is part of the record, but no testimony was taken and no exhibits were received.