Paternity Answer and Counterclaim Form

These forms are to help unrepresented individuals who have recently been served with a Petition for Paternity, Custody, and Child Support. The following instructions are to help you complete the attached form. 

Definitions of commonly used terms are included at the end of the included instructions.

Do not use this form if you need to raise the following defenses under 12 O.S. § 2012B;

• Lack of personal jurisdiction,
• Improper venue,
• Insufficiency of process,
• Insufficiency of service of process,
• Failure to state a claim upon which relief can be granted, or
• Lack of capacity of a party to be sued.

Please consult an attorney before filing this form if you are unsure about whether you need to raise these defenses. Once you file this form you will no longer be able to use these defenses.

Timing:

• After the Petition is served an Answer must be filed within 20 days. Here is how that deadline is determined:
  • Your Date of Service + 20 days = Date Answer is due.
  • Example: Served on April 1st + 20 Days = Due on April 20th 
• If the due date falls during a weekend, your due date will be the Friday before. 
• The file stamped date from the Court Clerk is the official date something is filed.
• Do not wait to complete and file your Answer and Counterclaim. An emergency could make you miss your deadline. 
• Caution: Failure to file an Answer on time could cause you to lose rights in the divorce. 

Process:

You will need a copy of the Petition you were served to complete the attached forms. The information on the Petition is necessary.

You will also need to make copies of your forms once you have completed them. Many courthouses have copiers that you can use, but they charge for each copy and they are sometimes broken or unavailable. Use a copy shop or office supply store nearby if you cannot make copies at home.