Establishing Your Rights as a Father
If you are an unwed father in Oklahoma, you do not automatically have the same privileges as married fathers. When a man’s wife has a kid, Oklahoma law assumes he is the father. As a result, he is granted paternal rights over that child. However, if a woman you are not married to has a child you believe is yours, you must demonstrate paternity before you can have any legal, enforceable rights to the child.
Visitation, custody, and the power to make child-related decisions are some of the rights you should establish as an unwed father in Oklahoma. The easiest way to accomplish this is to obtain a court-issued Paternity Decree. Other alternatives include an acknowledgement of paternity, a DNA test, and negotiation. An El Reno family law attorney can help you establish your paternity.
Acknowledgement of Paternity
If both parents agree on who the father is, they may sign an Acknowledgement of Paternity. It can be conducted at the hospital after the infant is born. While it can be done later, the Oklahoma Department of Health will charge you a fee to establish paternity and amend your birth certificate.
If the mother and supposed father are unable to agree or do not know who the father is, they can request a DNA test. A DNA sample is collected from both the child and the suspected father using an oral swab. The results are really accurate. To establish paternity, most courts require a 99% likelihood.
While it is technically possible to perform a DNA test before the child is born, prenatal testing can be harmful and should be avoided. It’s also worth noting that at-home paternity DNA testing are not admissible in court. They may resolve problems between parents, but they are not legally binding.
Negotiation and Court
When a man and a woman disagree over who the child’s father is, they can negotiate. A paternity attorney can assist you with this.
Until a man confirms paternity and acquires parental rights, the mother controls his interaction with the child.
She might let him visit the child or spend time alone with them, but she can change her mind at any time. The fact that the man and mother get along at first does not guarantee that they will always get along. Something could happen that jeopardizes his relationship with both the mother and the child.
Even if bargaining is successful at first, you should still demonstrate paternity in court so that you do not lose your rights as a parent as quickly.
You can seek a paternity decree in court. The court will issue this once they have concluded that you are the father. They do this via a DNA test. The paternity decree includes visitation and custody orders, as well as a parenting plan.
Why do we Need to Determine Paternity?
There are numerous reasons why a man and woman may seek to determine paternity. They include:
- When a mother wishes to verify a man’s paternity so he can fulfill his commitments.
- When a parent demands rights over his child, such as visitation and custody
- When a man seeks to prove he isn’t the father
- When a mother wants to establish that the putative father is not the father.
- When an adopted child wants to discover if the man is their biological father
- When someone has to prove they are a rightful heir to an inheritance.
- When someone needs to prove they’re entitled for their father’s Social Security benefits.
- When someone needs to know who the father is for medical reasons.
Wirth Law Office’s El Reno paternity attorneys can assist you with determining and establishing paternity for whatever reason you may have.
Call for a Consult Today
If you are an unmarried father in Oklahoma and want to secure parental rights for your kid, you must legally demonstrate paternity. Don’t wait any longer to accomplish this. It is critical that you act now to secure those rights. Contact an El Reno attorney today. The more you wait, the more difficult it will get. For a consultation with Wirth Law Office – El Reno, contact (405) 876-4058 or fill out the form at the top of the page.
