Child custody for unmarried parents in Tulsa can be a complex issue. Unlike married couples—whose custody rights are automatically addressed during a divorce—unmarried parents must take additional legal steps to define and protect their rights and responsibilities. Understanding how Oklahoma law treats custody between unmarried parents is essential for anyone seeking to establish legal parentage, secure custody or visitation, or meet their child’s best interests.
Establishing Legal Paternity in Oklahoma
For unmarried fathers, establishing legal rights begins with paternity. In Oklahoma, when a child is born to unmarried parents, the mother automatically has sole legal and physical custody until after establishing paternity. The father has no enforceable custody or visitation rights until the court recognizes him as the legal parent. There are two ways to establish paternity:
- Voluntary Acknowledgment of Paternity: Both parents sign a notarized form—usually at the hospital at birth.
- Court Order: If paternity is contested or was never established voluntarily, either parent can file a petition in court to determine paternity through DNA testing and judicial findings.
After legally establishing paternity, the father can petition the court for custody, visitation, and even decision-making authority over the child.
Legal and Physical Custody for Unmarried Parents
In Oklahoma, there are two types of custody:
- Legal Custody refers to the authority to make major decisions about the child’s upbringing, such as education, healthcare, and religion.
- Physical Custody refers to where the child lives and the day-to-day caregiving responsibilities.
Tulsa family courts do not automatically favor one parent over another—regardless of marital status. The court may award joint custody, sole custody to one parent, or a combination (e.g., joint legal custody with primary physical custody to one parent).
Visitation Rights for Noncustodial Parents
Even if one parent has primary custody, the noncustodial parent typically has a right to visitation (also called parenting time) unless there is evidence that such contact would endanger the child. In high-conflict cases, the court may order supervised visitation or limit parenting time until the noncustodial parent completes certain requirements, such as parenting classes or substance abuse treatment.
A standard visitation schedule may be adopted by the court, or the parents may agree on a customized plan.
Child Support Obligations
After establishing paternity and custody, the court will likely issue a child support order. Oklahoma uses an income shares model that considers both parents’ incomes and the time each parent spends with the child. Even if the court doesn’t grant a parent custody, they are still responsible for contributing financially to the child’s care. Failure to pay child support can result in enforcement actions, including wage garnishment, license suspension, or jail time.
Unmarried parents may seek to modify existing custody or visitation orders if circumstances change significantly. This could include a change in employment, relocation, or concerns about the child’s safety or well-being. Any change must still align with the child’s best interests and get court approval.
Attorneys Can Help With Child Custody for Unmarried Parents
For unmarried parents in Tulsa, custody issues are the same as for divorcing couples, but with the additional step of establishing legal paternity. After doing so, both parents have the right to pursue custody, visitation, and an active role in their child’s life. Courts aim to support co-parenting and meet the child’s physical and emotional needs.
If you’re an unmarried parent facing custody questions in Tulsa or the surrounding areas, working with an experienced family law attorney can help you navigate the process, protect your rights, and put your child’s best interests first. For a free consultation with an Oklahoma family lawyer from Tulsa Divorce Attorneys & Associates, call us at 539-302-0303. You can also click this link to ask an online legal question.