Who Has Legal Custody of a Child When the Parents Are Not Married in Oklahoma

The court may also issue an « interim custody order. » Temporary custody refers to a physical and legal custody agreement entered into by the parents or ordered by the court, which is in effect until the court`s final order. It is important to know that the court`s final injunction may not coincide with the interim injunction. If a child is born to married parents, it is assumed that the husband is the father. To change these circumstances, a father must prove paternity, either through legal action or paternity testing. Sometimes, at the birth of the child, the father can either be listed on the birth certificate or sign an acknowledgement of paternity with the mother at the hospital. These are both useful documents. In cases where the mother rejects one of these pathways, the father would then have to take tests or the court system. How you can prove paternity depends on your situation. If you are not listed on the birth certificate, the easiest way to prove paternity is to sign an « affidavit acknowledging paternity. » An affidavit of acknowledgment of paternity is a notarized written statement that you are the father of the child. However, both parents must agree that you are the father. If the mother doesn`t believe you`re the father, you can`t use an affidavit of paternity to establish paternity. Even if you have doubts about whether you are the father, you should not sign the affidavit. If you are on the child`s birth certificate, you have probably already signed an « affidavit acknowledging paternity ».

You must sign an affidavit of acknowledgment of paternity. This document must be notarized and indicate that you are the father of the child. If the mother doesn`t agree that you are the biological father of the child, you can`t use an affidavit to establish paternity and get custody or access to your child. Before a single father obtains custody of his child, he must prove his paternity for that child. This can be done in two ways. The mother and father can sign an affidavit acknowledging paternity at the time of the birth of their child. Oklahoma hospitals must have this affidavit on hand, but parents can also obtain it from the Oklahoma State Vital Statistics Division, county health departments, the Department of Human Services and children`s support agencies. If a parent questions the paternity of the child, genetic testing may be carried out, either voluntarily or by court order. However, paternity alone does not confer custody or access rights on the single father. In Oklahoma, the court will decide what is « in the best interests of the child`s physical, mental and moral well-being. » To do this, a court may consider factors such as: If you and the mother were not married when the child was born, the mother has custody until a court decides otherwise. Okla. Stat.

tit. 77 § 7800. 2. As a recognized father. If you and the mother both sign an acknowledgement of paternity, you have legal rights as the father of the child. If the parents are married, custody is decided in the context of the divorce. If the parents are not married, the application for custody is usually included in a paternity case. Paternity means establishing paternity and paternity means legally recognizing who the father of the child is. Even if the father is already legally recognized as the father, an unmarried father can use a paternity case to establish custody.

A paternity case that includes a custody order often also includes a support order. One option for unmarried parents is to sign an acknowledgement of paternity form that designates a person as the child`s father for legal purposes. If paternity is contested, either party has the option of bringing a paternity action, in which a court may order genetic or DNA testing to determine the child`s true biological father. Oklahoma is sometimes called the « mother state » because if a couple is not married but has a child together, courts usually award custody to the mother in case the relationship goes apart. This is described in 10 O.S.2011 & Supp. 2016 §§ 7700-101 to 7800. Article 7800 states: « Unless otherwise provided by law, the mother of an illegitimate child shall have custody of the child until a competent court decides otherwise. » 10 O.S.2011 § 7800. If the non-custodial parent has not changed the final custody decision and does not return the child, he or she is breaking the law. If you know where the children are, you should seek help from a local law enforcement agency for help enforcing your custody order. You should keep a copy of your custody order in a safe place so you can find it easily.

Law enforcement officers may want to see the order before helping you. If you don`t know where your children are, you should still contact your local law enforcement agency to file a report. In addition, you should seek the help of a lawyer who may be able to offer you other enforcement options. In Oklahoma, custody laws are set out in the Uniform Jurisdiction and Enforcement of Child Custody Act. When it comes to custody, there are two types of custody: legal custody and physical custody. Often, physical custody is described as a « visit » or the time the child spends with each parent. Custody is the ability to make decisions about the child`s health, education, well-being and more. If a child`s parents have never been married, Oklahoma law automatically grants sole legal and physical custody of the child to the biological mother, even if the father has signed an acknowledgment of paternity and even if the father is named on the child`s birth certificate. To change a final custody order, you must file an « application to change custody order » in the same court that made the order. This application will ask the court to vary the order and state the reason. In Oklahoma, there must be a « substantial change in circumstances affecting the best interests of the child » before the court changes a final custody decision. Therefore, the court will again consider the factors listed above in deciding whether a change of custody would be in the best interests of the child.

The court will NOT change the order for minor changes in circumstances such as small changes in income – there must be significant changes that affect the child`s life, such as an abusive situation or moving the custodial parent out of state before the court changes an order. Once an application for variation has been filed, the court sets a hearing date. At the hearing, the parent applying for the change must prove to the court that there is a significant change in circumstances and that the change of custody is preferable for the child. As this can be a difficult process, it is likely necessary to seek the help of a lawyer before filing a change of custody motion. Once the single father has established paternity, he or she can apply to the court for custody or access. Custody is granted by determining the best interests of the child and not according to the rights of the parents. In doing so, the court considers certain factors: the capacity of each parent to care for the child; the moral position of each parent, e.g. exposing the child to drug use or sexual intercourse; the parent`s willingness to foster the child`s relationship with the other parent; domestic violence in both apartments; and the child`s preference if they are 12 years of age or older. The courts do not allow race, gender or education to be considered — in private, in public, at home, — in custody decisions.

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