If a father is noted as the father on a child’s birth certificate, under Oklahoma’s child custody laws for unmarried parents, he is entitled to custody of the child. He would have to go to court to get custody or visitation if the mother did not agree with the father on a parenting plan. It is important to note the types of custody that are available in Oklahoma. They are as follows:
- Sole Legal Custody: One parent has the authority to make important about the child’s upbringing, e.g., decisions about how the child is educated, whether they are raised in a religious community, healthcare, and the like;
- Joint Legal Custody: Both parents have the right to participate in decision-making for the child. So, the parents need to agree on all major decisions about the issues noted above. The exception would be in an emergency when one parent must act without consultation with the other;
- Sole Physical Custody: The child lives with one of the parents, and the other has scheduled visitation;
- Joint Physical Custody: The child resides with each parent for a period of time during the calendar year. For example, the child might reside with the father for one week and then with the mother for the next week. The parents might have to make such accommodations as living in the same school district to make the joint custody workable for the child.
Of course, when a father’s paternity is established, the father also becomes legally obligated to pay child support.
What Rights Do Unmarried Fathers Have in Oklahoma?
A father who is not married to the child’s mother must first establish his paternity in order to have a right to custody. A father’s paternity is established if he is noted on the birth certificate as the father.
Other ways for a father to establish his paternity are as follows:
- Submission of an Affidavit of Acknowledgment: The affidavit requires both the mother and the father to voluntarily acknowledge the father’s paternity;
- Through a Paternity Case: To establish paternity through a paternity case, genetic testing is performed by means of a soft swab rubbed on the inside of the father’s mouth. If genetic testing proves that the alleged father is, in fact, the biological father, then a judge issues an order of paternity which formally establishes the father’s paternity.
Once a father has established his paternity in one of the legally recognized ways, he may assert his rights in a court of law. A local attorney in Oklahoma would be able to provide more information.
Can a Mother Keep a Child Away from the Father in Oklahoma?
It is possible that a mother would be able to get sole physical and legal custody of a child under certain limited circumstances. But it is unlikely.
A mother would have to go to court to seek sole physical and legal custody. A court makes child custody decisions on the basis of the child’s best interest standard.
After holding a hearing, a judge might determine that one parent may not see their child only if the judge has significant concerns about the safety of a child while it is in the custody of the parent. Or if a child has not had any relationship with the father who has been absent from the child’s life for a lengthy period of time, a judge might not grant custody to the father. However, some form of visitation is likely to be granted, even if it takes place under supervision.
In a divorce, the court in which the parents file their petition for divorce automatically takes up the issues of custody, visitation, and child support if they have a child or children. Unmarried parents may also agree on a plan themselves. One or the other must take legal action to get a court to hear the issues and rule on them.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
In Oklahoma, a court makes decisions about child custody on the basis of what serves the best interest of the child. To make that decision, the court may consider factors such as the following:
- The wishes of the parents;
- If the child is old enough and has the mental capacity, the judge may consider the child’s expressed preferences;
- The relationships between each parent and the child;
- The child’s relationship with siblings and other significant people in the child’s life. If a child has siblings, the courts prefer to keep siblings together;
- The child’s relationship to their school, a religious institution, and a community;
- The mental and physical health of the parents and the child involved;
- Any history of or potential for spousal abuse by either parent;
- Any history of or potential for child abuse by either parent;
- The willingness of either parent to accommodate a relationship with the non-custodial parent;
- A parent’s ability to provide for the material needs of the child;
- A parent’s ability to spend time with the child.
It is also important to keep in mind that a court makes certain presumptions about the best interests of the child as follows:
- A child is best served when both parents have a stable and meaningful involvement in the child’s life;
- Each parent has their own unique and important contribution to make to
their child’s development;
- Unless there is a showing of harm, a child should have a structured, routine
time and unstructured time as well with each parent;
- If the parent can agree on custody and visitation schedules and can show that they can be flexible, their plan should be given a preference over a court-imposed solution;
- Divorced/separated and unmarried parents have an obligation to their child to avoid open conflict, to maintain rules that are consistent in both households, to maintain consistent values, and to be flexible as circumstances require.
So, a parent would want to keep these presumptions in mind and think about how their conduct demonstrates, or might not demonstrate, how well they conform to the expectations that a court has for them. It might be helpful for an unmarried parent to have a legal consultation about how Oklahoma courts approach custody decisions.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents also have the same right as married parents to negotiate a parenting agreement for themselves. This may be referred to as a “parenting agreement,” a “parenting plan,” or a “joint custody schedule.” The agreement would specify how the parents would manage custody of their child, visitation, and all the other legal issues involved in the care of their child.
The agreement should address the two kinds of custody, physical and legal. A good parenting plan would include a process for the parents to use if they share joint legal custody and make decisions together.
With respect to legal custody, the plan might provide that one parent or the other would have the final say regarding decision-making if the parents are not able to come to an agreement. It might also include a process for changing the plan, e.g., if one parent wants to move out of the state.
Of course, a complete parenting plan would have to address the issues of child support and how all of the costs associated with child rearing would be paid by the parents. It would also state how agreements regarding finances might be changed.
Attorneys would be able to help an unmarried couple negotiate a parenting plan. Mediation is a process that might also give unmarried parents the chance to come up with a plan that works best for them. The main goal is for the parents to agree on all plan terms. They may then submit it to the court.
The court would review the plan. If the court believes that the parents’ plan serves the best interests of the child, the court would include it in a court order in the future. The court would then enforce the order if either parent were to violate its terms.
If the parents are not successful in coming up with a plan for themselves, then either one may file a petition in family court in Oklahoma asking the court to approve their preferred plan. The court would have a hearing on the petition. The hearing would be like a trial in court, with the parties submitting evidence, but there would not be a jury. The judge would make a final decision after the parties have presented their evidence and arguments.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you are an unmarried parent with concerns about child custody you want to talk to an Oklahoma child custody lawyer. LegalMatch.com can quickly connect you to a lawyer who can analyze the facts of your situation and help protect your rights.
