Paternity Law and Procedure Handbook - Oklahoma 2025

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Paternity is a prerequisite to these parental rights. Once paternity is established, a father may pursue child custody and visitation rights. Many states offer simultaneous filing for paternity recognition and visitation and custody rights.
Can a Mother Keep a Child Away from the Father in Oklahoma? It is possible that a mother would be able to get sole physical and legal custody of a child under certain limited circumstances. But it is unlikely. A mother would have to go to court to seek sole physical and legal custody.
Without marriage to the mother or name on the birth certificate Oklahoma says fathers have no rights until established by a court order. Child support can still be ordered. If the child is born during a marriage a man and woman have equal rights.
Fathers Rights His primary right is to establish his parentage. The father named on the birth certificate is entitled to physical custody as the default unless the court orders a different arrangement. This ensures that legal documentation plays a key role in determining custody rights.
Except as otherwise provided in subsection B of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than two (2) years after the birth of the child.
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