When unmarried adults have children, the father could face challenges in establishing legal parental rights. These issues may arise if the parents file for divorce or were never married.
Denying a father’s rights to parent a child could have a significant emotional impact on a family. You should speak with a Tulsa father’s rights lawyer as soon as possible if you are facing issues establishing your legal rights as a parent. Reach out to our firm to begin working with a trusted family law attorney.
If you are an unmarried father, you do not have the same general presumption of parental rights as you would if your child was born during a marriage. As an unmarried father, you must take additional steps to establish or acknowledge paternity for a court to enforce your parental rights.
Paternity generally refers to your legal parental rights as a father. For unmarried fathers, establishing paternity is necessary to enforce parental rights such as child custody and visitation.
A Tulsa lawyer could help you understand the different ways to establish paternity to enforce your legal parental rights as a father. The specific method may depend on whether your child’s mother is willing to cooperate in establishing paternity.
You and the mother of your child could voluntarily sign an acknowledgment of paternity to establish your rights as the father. Parents often complete this form at the hospital after the child’s birth, but you could also submit the form at a later date.
If either parent disputes paternity, you may need to undergo DNA testing to determine that you are the father. Married couples may also require DNA testing if there is a dispute regarding paternity.
Establishing paternity may be necessary to seek child support. It also eliminates confusion for the child regarding their family and medical history.
Establishing paternity is only the first step if you are seeking to enforce your parental rights as a father. The state generally presumes that an unmarried mother has sole legal and physical custody of a child.
Legal custody refers to a parent’s rights to make important life decisions on the child’s behalf, such as issues involving education, religion, or medical treatment. Physical custody refers to the parent that the child lives with.
After you have established paternity, a Tulsa lawyer could help you as an unmarried father to obtain a court order to enforce your rights to custody or visitation. Your child’s mother may not agree with the decision or may seek to prevent you from having a relationship with the child.
You may also need to obtain a court order to enforce your rights after a ruling has been made regarding custody and visitation. Engaging a father’s rights attorney is critical to helping you understand the necessary court filings and documents required to enforce your rights.
When you have established paternity, the court could consider a range of factors when making decisions regarding child custody or visitation disputes. Many of these factors require the court to rule in the best interests of the child.
Some examples of these include:
A Tulsa father’s rights attorney could advise you on the factors a court may consider based on the specific situation.
Maintaining a relationship with a father could play an important role in a child’s development. If you are a father seeking to enforce your parental rights, you should contact a lawyer as soon as possible to discuss your legal options.
A Tulsa father’s rights lawyer could fight on your behalf to enforce your parental rights when the other parent is not cooperative. Contact our team at LaCourse Law for a free initial consultation.
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