Oklahoma Father's Parental Rights
The role of marriage is important in determining a father's parental rights in Oklahoma. Whether the child was born in or out of wedlock makes a significant difference in establishing paternity. There are specific ways a man who is not married to the mother can legally gain parental rights or rescind paternity.
Other People Are Reading
-
How to Legally Establish Paternity
-
There are several ways to establish a father's paternity in Oklahoma, depending upon whether the child was born in or out of wedlock. A man is presumed to be the father of a child if he and the mother are married to each other when the child is born, according to Title 10, Section 7700-203 of Oklahoma statute. If a child is born out of wedlock but the man and mother were married within 300 days before birth, then the man is presumed to be the father. If the man marries the mother after childbirth, agrees to child support obligations and registers with the appropriate government agencies, he as presumed to be the child's father.
Acknowledgment of Paternity
-
A man may have to file an acknowledgment of paternity in order to establish parental rights. The acknowledgment must be in a form and record prescribed by the Department of Human Services, according to Title 10, Section 7700-302 of Oklahoma statute. The acknowledgment must also be signed by the mother and must state that the child does not have a presumed or adjudicated father. If there has been genetic testing, that must also be declared on the acknowledgment. The acknowledgment is equivalent to the court granting parental rights and obligations to the father.
-
Terminating Parental Rights
-
There are several circumstances that may cause a father to lose his parental rights. Parental rights may be terminated if the father has been convicted of a felony or has been incarcerated, according to Title 10, Section 7006-1.1 of Oklahoma law. Abuse and neglect of the child, including sexual abuse, are grounds for termination of parental rights. If the father has a mental illness or is incapacitated due to alcohol or drugs, he may have his rights terminated. The father will also lose his parental rights if he fails to maintain contact or fails to provide child support.
Denial of Paternity
-
In some instances a presumed father may wish to deny his paternity. He may do this by signing a denial of paternity. However, he may only do this if an acknowledgment of paternity has been signed or otherwise authenticated by another man, according to Title 10, Section 7700-303. The denial is valid only if the presumed father has not previously acknowledged paternity, unless paternity has been rescinded. The denial may not be signed later than two years after childbirth.
Rescission
-
A man who has signed an acknowledgment or a denial of paternity may sign a rescission in some cases. The rescission must be signed no later than 60 days after the effective date of acknowledgment or paternal adjudication. If the signatory of the acknowledgment or denial was a minor at the time of signing, he may rescind within 60 days of reaching the age of 18, according to Title 10, Section 7700-307. After the period has passed for rescission, the acknowledgment or denial may only be challenged on the basis of fraud, duress or material mistake of fact, according to Title 10, Section 7700-308.
-
References
Resources
- Photo Credit marriage image by Mat Hayward from Fotolia.com
