Establishing A Father's Rights In Oklahoma

In my practice, I do a lot of cases involving helping fathers establish parental rights or obtain custody of their children. Many people believe that the Courts in Oklahoma favor mothers over fathers and that it is harder for fathers to gain custody of their children. There is also a belief that female attorneys have a better chance of winning cases for dads. While I don’t believe the sex of an attorney makes them more or less likely to prevail, I do think that historically the courts have favored mothers in custody proceedings. Today, fathers are more likely to be awarded equal parenting time and/or being the primary parent.

Under Oklahoma law, when a child is born out wedlock, a Father has no right to custody or parenting time with a child until those rights are established in a Court of law. It does not matter if the father is listed on a birth certificate, has signed an acknowledgement of paternity or held the child out as his own. Doing these things obligates you to support the child until it reaches 18 or graduates high school whichever is later. However, if a judge has not pronounced you the father you have no legal right to parent the child.

Many people are surprised to learn this and argue that because they are paying child support they have rights to their children. However, they do not. Child support can be ordered through a proceeding in DHS Administrative Court. This proceeding does not and cannot establish custody and visitation. This is only done by filing a paternity case in the District Courts of Oklahoma in the county where the child resides.

By law, the mother has soul custody of a child born out of wedlock until a Court orders otherwise. Both parents have custody of a child born to a marriage. In a marriage situation, neither parent has superior custodial rights until a judge enters an order on their separation or divorce. Today, there is a presumption under the law that both mothers and fathers are fit and proper parents and that joint custody should be awarded. However, fathers must still seek custody if he was not married to the mother at the time the child was born.

Many fathers have told me that they have a custody agreement with the mother of their child and think that because they have gotten a document notarized that they have an enforceable agreement. They do not. Such an agreement can act as evidence of proper parenting but the rights must still be established. No matter how well parents get along if they are not married when a child is born, the father should take action to establish his parental rights.

Additionally, I also recommend that a paternity test be take for a child born out of wedlock. Many people find this to be an offensive thought but it really is the best thing for a parent and a child. If you hold a child out as your own for 2 years or more it is your child legally even if it is not biologically. Many men have had doubts about parentage but claimed a child anyway to only find out later that it is not theirs. I commend those who continue to raise the child but finding out later that a child is not yours can breed resentment that hurts the child in the long run. It is best for everyone to remove any questions or doubts at the beginning so that if or when relationships go bad the child isn’t hurt further.