In Oklahoma, paternal rights depend on whether the child was born during a marriage. Listing the father's name on the birth certificate is often misunderstood as proof of paternity, but it does not legally establish a father-child relationship. If the parents are unmarried, the mother is assumed to have custody of the child until a court makes a different ruling.
Discovering fathers' rights in Oklahoma starts with understanding how paternity is determined.
While a mother-child relationship is automatically recognized at birth, a father-child relationship requires additional steps. These include an indisputable presumption of paternity, a court declaration of paternity, or an acknowledgment of paternity.
A man is presumed to be the father if certain criteria are met. These criteria include the child being born during a marriage, within 300 days after termination of a marriage, or if the father lived with and openly claimed the child as his own during the first two years of the child's life.
Once paternity is presumed, it can only be challenged through a court determination of non-paternity in a divorce or paternity case. In certain circumstances, a timely and properly filed denial of paternity can also rebut the presumption, but this must be done within two years of the child's birth if another man has already acknowledged paternity.
Get all the rights and responsibilities of a parent by signing an Acknowledgment of Paternity (AOP) if there is no presumed father. Once the AOP is signed, you can't challenge the paternity after two years. Typically, you'll be given an AOP form at the hospital when your child is born. Fill out and submit the forms provided by the Department of Human Services to the State Department of Health, Division of Vital Records for acknowledgement or denial of paternity.
We understand that fathers often face unique challenges when it comes to custody, child support, and other family law matters. Our experienced attorneys at the Schmook Law Firm have extensive knowledge of Oklahoma family law and can help you navigate the legal system to help protect your rights. We can provide you with legal guidance and representation, so you can make informed decisions about your case and focus on what matters most to you: your relationship with your children. At our law firm, we are committed to helping fathers fight for their rights and achieve a fair outcome in their cases.
