Who gets custody if the parents are unwed is decided by filing a paternity case. In Oklahoma, when parents are unwed and have not established legal paternity or custody through a court order or other legal means, the default legal custody arrangement typically grants sole custody to the mother. The court order must be signed by a District Court judge in the county where the child resides. This means that, without this adjudication of paternity, the mother typically has both physical and legal custody of the child.
What Is It To Establish Paternity
It’s important to note that unwed fathers have the opportunity to establish their legal rights and seek custody or visitation through the legal system. This is more than a simple DNA test or a feeling that the child is yours. To establish paternity the first step for the unwed father is to establish legal paternity. This can be done voluntarily through the Voluntary Acknowledgment of Paternity (VAP) process, genetic testing, or through a court order asking the court to decide who gets custody if the parents are unwed.
Petition for Custody or Visitation in Oklahoma
Once paternity is established, the unwed father can petition the court to assert his rights and request custody or visitation. Its important to realize that the right must be asserted or through filing a petition. Without asserting the right the Mother has de-facto full custody. If the unwed father has not yet established paternity the mother may technically have the authority to withhold visitation. She can do this until a court order is in place. However, it’s important to note that withholding visitation is generally discouraged. Doing so can have negative consequences in a custody dispute and affect the child’s best interests.
The petition itself a fairly straight forward. Like another petition filed in Family Court the petition must establish jurisdictional requirements as to residency. It must also address child support and the type of custody and visitation the Father is asking for.
What Custody Is The Father Entitled To
The first thing to understand about custody in Oklahoma is that the parents gender has nothing to do with who gets custody. Rather the courts consider the best interests of the child when making custody decisions. This best interest makes the presumption that shared parenting is best for the children. Shared parenting is joint legal and joint physical custody. In the event one parent disagrees with the presumption that joint custody is not in the child’s best interest.
Contact a Paternity Lawyers in Tulsa
Who gets custody if the parents are unwed is established by filing a paternity action. If you are an unwed parent its important that you get an order from the court setting out custody and visitation. Many parents feel that because things are going by agreement today that they are fine.
This might feel right but beware. If and when things change you might wish that you had already gotten an order from the court. In fact, many times having a court order in place setting out visitation and custody that’s enforceable by the court may head off problems. This is because both parents know that if they don’t follow the agreement and withhold visitation that parent may be guilty of contempt and face problems from the court. If you are an unwed parent and need an order for custody and visitation our Oklahoma attorneys can help. For a Free consultation call our Tulsa custody attorneys at 539-302-0303 or follow think link to ask a child custody question online.