Being a parent involves knowing certain rights and it includes seeking a child’s custody, having permission to visitation, having information about the health and education of a child, participating in making decisions about medical care and education, and being notified about the parental right or fathers rights Oklahoma before the court terminates.
Being a parent means accepting your child’s responsibilities. These include the essential support to the child and its education, regardless of whether the parents are married or not. Even unmarried fathers rights Oklahoma can help in enforcing and defining the custody order with regards to responsibilities and rights. However, if there is a good parental relationship, the parenting plan can be worked out smoothly. Many parents prefer settling out of the courts and so they plan on their own. There are agencies to work and help unwed parents so that they can create parenting plans.
No custody order, what happens?
With married parents, the custody is a part of the divorce and the decision becomes an integral part. But, if they are unwed parents, the Petition for Custody includes a Paternity case. It means establishing paternity and fatherhood implying legally recognizing the father of the child.
In case the father is recognized legally, an unwed father may establish custody using paternity case. Fathers rights in Oklahoma allows paternity case including child support order as the custody order.
The mother in Oklahoma has the child’s custody when the child is born of wedlock and she has this custody unless the court orders her or some other law becomes applicable to this situation. In case the father wants to have the custody established, he can file in the court or ask for custody rights in the court and this is known as Petition for Custody.
How to establish paternity?
Establishing paternity is based on the situation. In case the birth certificate does not have your name, there is a need to prove your paternity by signing an ‘Affidavit Acknowledging Paternity’. This is a written notarized statement stating you to be the father of the child. However, there is a need for both parents to agree and give consent to you being the father. In case the mother does not accept you to be the father, using a paternity affidavit is impossible to establish paternity.
If you have any sort of doubt of being the father, do not sign the affidavit. In case your name is appearing already in the birth certificate of the child, the possibilities are that you have signed already on the ‘Affidavit Acknowledging Paternity’.
An Affidavit Acknowledging Paternity identifies and confirms you as a legal parent, the father. However, the custody rights are not granted to an unwed father. Thus, if the mother and father disagree on custody, there is a need for the father to file a paternity case so that they obtain a custody court order.
The court has the right to create temporary custody order and this refers to the legal and physical custody agreement ordered by the court, made by the parent as a final order. Of course, the final order of the court may differ from the temporary order.