In Oklahoma, a single father can get custody rights, but does not automatically have them. While Oklahoma law recognizes both parents’ rights and responsibilities, establishing custody rights for an unwed father involves specific legal steps to ensure those rights are legally enforceable. While the process can seem difficult, it is by no means impossible.

Establishing Paternity

The first step for a single father to get custody rights in Oklahoma is to establish paternity. Paternity establishes the father’s legal relationship with the child, granting him the right to seek custody, visitation, and participate in the child’s upbringing. There are several ways to do this, including:

• Voluntary Acknowledgment: Both parents can sign an Acknowledgment of Paternity (AOP) form, voluntarily acknowledging his paternity. This form is typically available at the hospital when the child is born, or later at a local health department. Once filed, this form establishes the father as the child’s legal parent.
• Paternity Testing: If paternity is disputed, the alleged father can request a court-ordered DNA test. This may involve filing a petition with the family court to initiate the process.
• Court Order: In cases without a voluntary acknowledgment of paternity, a court order can establish paternity after DNA testing. Once established, the father has legal standing to pursue custody or visitation.

Regardless of which method you go through, this is one of the first and most important steps in the process.

Seeking Custody and Visitation Rights

After establishing paternity, a single father can get custody by petitioning the court for custody or visitation rights. The court considers the best interests of the child, a legal standard including factors such as the child’s well-being, stability, and parental involvement. Oklahoma courts typically favor arrangements that allow both parents to play active roles, provided it is safe and beneficial for the child.

An unwed father may request joint custody, allowing both parents to share decision-making responsibilities and time with the child. Joint custody is available in two forms: joint physical custody and joint legal custody. Both options come with their own advantages and disadvantages, depending on your specific situation. Courts will assess the parents’ ability to co-parent effectively and communicate in the child’s interest when making their decision.

If the mother is deemed unfit, the father may request sole custody. However, sole custody is only granted if it serves the child’s best interests, and the father must provide evidence that the other parent cannot provide a safe or stable environment.

If custody is not granted, an unwed father may still be eligible for visitation rights. The court will determine a visitation schedule that promotes a positive relationship between the father and child, which may include regular visits, holidays, and vacations.

Demonstrating Involvement and Responsibility

Courts consider each parent’s involvement and commitment to the child when making custody decisions. An unwed father should demonstrate a stable relationship with the child and a willingness to support their emotional, physical, and financial needs. Courts favor parents who actively participate in their child’s life, such as attending school events, providing emotional support, and ensuring regular communication.

Providing financial support, even without a formal child support order, can also show responsibility and commitment to the child’s well-being. The father should also demonstrate that he can provide a safe and stable home for the child. Factors such as reliable employment, a secure residence, and a positive support network will contribute to the court’s assessment.

Wagoner Child Custody Attorneys

For a single father to get custody he must file a paternity case. This is because for unwed fathers, gaining custody rights requires establishing paternity, proving commitment, and petitioning the court. Although unwed fathers do not have automatic custody rights, they can demonstrate their fitness as parents and their dedication to the child’s best interests. A family law attorney can help navigate the legal process and improve the chances of securing custody or visitation rights.

If you’re a unwed father seeking custody, we can help. For a free consultation with a child custody attorney in Wagoner County, contact Kania Law – Wagoner Attorneys at 918-283-7394, or reach out to us via our Ask A Lawyer feature. Need other legal information? Check out our Wagoner Law Blog for other important topics.