Establishing paternity can help with granting custody, but isn’t a guarantee. In Oklahoma, paternity and custody are two separate legal matters. While establishing paternity is necessary for a father to pursue custody or visitation, it does not automatically grant these rights.
What Is Paternity in Oklahoma?
Paternity establishes the legal father of a child and creates rights and responsibilities, including:
- Financial obligations, such as child support.
- Access to the child’s medical records and history.
- The ability to seek custody or visitation rights. Without a court order custody an visitation issues can be made more
In Oklahoma, you can establish paternity through:
- Voluntary Acknowledgment of Paternity (VAP): Both parents sign a legal form acknowledging the father’s paternity.
- Court Order: A court determines paternity, often through genetic testing.
- Presumption of Paternity: A man is presumed to be the father if he was married to the child’s mother at the time of birth or within 300 days before the child’s birth.
Establishing paternity does not automatically grant custody rights in Oklahoma. Paternity establishes the legal father-child relationship but does not determine custody or visitation. Parties must address these matters separately through a custody petition.
How Does a Father Seek Custody After Establishing Paternity?
To obtain custody, a father must take the following steps:
a. File a Petition for Custody
After establishing paternity, the father can file a petition for custody in the appropriate Oklahoma court. The petition must outline:
- The father’s relationship to the child.
- The reasons why the custody arrangement is in the child’s best interests.
b. Attend a Court Hearing
The court will hold a hearing to evaluate the custody request. During the hearing, the judge will consider factors such as:
- The child’s emotional and physical needs.
- The father’s ability to provide a stable home.
- The existing relationship between the father and child.
- Any history of abuse, neglect, or substance abuse.
Rights Granted After Paternity Is Established
Although paternity does not automatically grant custody, it does provide the father with certain legal rights, including:
- Visitation Rights: Fathers can request parenting time with the child, which the court may grant even if the mother receives custody.
- Input in Legal Decisions: Establishing paternity gives the father a voice in decisions about the child’s education, healthcare, and other important matters.
- Legal Standing: Fathers have the legal standing to pursue custody or visitation through the courts.
If paternity is not final, Oklahoma law generally grants the mother de-facto sole custody of the child by default. Once paternity is established, custody and visitation rights can be addressed, and the father may seek joint or sole custody. If the parents cannot agree on custody, the court will make the decision based on the child’s best interests. In Oklahoma its presumed that the best interest of the child are served by both parents having equal access to the child or with joint custody.
Modifying Custody Orders
Custody arrangements are not permanent and can be modified if circumstances change. Either parent may request a modification if they can demonstrate a significant change in circumstances that affects the child’s best interests, such as:
- Relocation of one parent.
- Changes in the child’s needs.
- Evidence of neglect or abuse by the custodial parent.
Tulsa Paternity Attorneys
In Oklahoma, establishing paternity is an important first step in securing legal recognition as a father and granting custody, but it does not automatically come with custody rights. Fathers who wish to obtain custody or visitation must file a separate petition and demonstrate that their involvement is in the child’s best interests. If you are a father seeking custody or visitation rights, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.