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

Child custody is one of the most complex and emotionally charged issues of any divorce. Hiring a family attorney in Oklahoma can eliminate some of the emotions in these cases while ensuring that a parent`s rights are respected in court. Mothers have always been favoured when it comes to family court decisions, largely because of the traditional role they play as primary caregivers of children. While some families still follow the structure of the mother, who stays at home to care for the children, and the father, who goes out to earn a living, the important role that a father also plays in a child`s life was further emphasized. Not only are fathers equal in their ability to care for children, but research has also shown that fathers play a key role in children`s social and academic development and language development. Joint custody with a primary decision-maker means that both parents have a say in decisions about health, education and more. However, if the parties are unable to agree on a decision, the parent with primary custody is the final decision-maker. Joint custody with a senior decision-maker can lead to a variety of physical custody or visitation plans, ranging from the same period to the standard visit. We know that custody cases can be emotional, stressful and downright challenging. But being prepared in advance helps mitigate the need. If you`d like to learn more about the Oklahoma child care application process, contact us today or download our free guide. Unmarried fathers can successfully obtain custody of their children in Oklahoma; However, you need to follow the right steps. When you hire a compassionate men`s rights lawyer in Tulsa, you have a lawyer by your side who knows the family court well and knows the best course of action.

First of all, it is important to know that when a court decides on custody, it decides on both physical custody and legal custody. Custody refers to the place and person with whom the child lives. Legal custody refers to a parent`s right to make decisions regarding the child`s education, medical care, religion, etc. In both cases, the court may grant sole or joint custody. The different types of physical and legal custody are as follows: As I said, the court`s top priority is the best interests of the child or children in question. Custody is different from paternity. Even after the father has established himself as the legal parent of the child, the court still cannot grant equal custody to both parents due to a number of factors. If the court grants joint custody, the period of upbringing of the children cannot be shared 50/50 between the two parents. The distribution of parental leave 60/40 or 70/30 is more common, depending on the working schedule of each parent. However, if a couple is not married, the path to establishing paternity is less clear.

The first option that unmarried parents have in the state of Oklahoma is to use a “paternity recognition” form, a voluntary process that establishes the legal and biological father of the child in the eyes of the law. The AOP (Recognition of Paternity) form is usually available at the birth center or hospital where the child was born, and staff at that facility are usually trained in the logistics, how the PDO form works, and what parents need to do to complete and submit the form. 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 in enforcing your custody decision. You should keep a copy of your custody order in a safe place so that 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 the local law enforcement agency to submit a report. In addition, you should seek the help of a lawyer who may be able to provide you with other enforcement options. To change an existing custody order, you must file an application for a change in custody, usually in the same court that issued your original custody order. The court will then schedule a hearing at which both parties can plead their case to change the custody order or leave it the same.

Oklahoma is sometimes called a “mother state” because when a couple is not married but has a child together, the courts most often grant custody to the mother in the event of a breakdown in the relationship. It`s in 10 O.S.2011 & Supp. 2016 §§ 7700-101 to 7800 described. Article 7800 states: “Unless otherwise provided by law, the mother of a child born out of wedlock shall have custody of the child until a competent court decides otherwise.” 10 O.S.2011 § 7800. Fathers who have been or are married sometimes have difficulty obtaining custody and visiting their children. For single fathers, the situation is even more difficult. The legal rights of a single father in Tulsa, Oklahoma, are limited to those he determines through a court case. Oklahoma law provides for a 2-year “review” of child support in these cases. If it is determined that a person is the father, the judge must ask the father to pay late child benefits for the two years preceding the filing of the application to open the case. If the parents lived together for part of the retrospective 2-year period, the father may not have to pay family allowances for the time they lived together. Even if the father paid family allowances during this retrospective period of 2 years, he can receive a credit for these payments. Custody is a complicated and emotional legal process.

Your case is unique and may require the court to find a unique solution to protect your child`s well-being. Our team of experienced family law lawyers is here to help. Contact worden law firm today to arrange a consultation. Once paternity is established, the court can make a custody decision that determines access and financial support if the parents do not live together. In general, the judge will present a final plan for the exercise of full or joint custody, custody and control of the children on the basis of the plan submitted by the parents separately or with the appropriate amendments that he or she considers to be in the best interests of the children. The judge may also dismiss an application for joint custody and proceed as if the application for joint custody had not been made. In child abduction proceedings, the state must inform both parents – including the father and all “presumed” fathers – of the hearing […].

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