UPDATE: Since this article was published in September 2021, Oklahoma law has changed. On November 1, 2022, a new law was enacted. It is a huge step forward for parents of children born out of wedlock. Now, unmarried mothers and fathers have equal rights and obligations. This applies to a child born out of wedlock when an Acknowledgment of Paternity has been signed. How To Establish Paternity Rights remains central to enforceable parental duties.
I see two common patterns in paternity cases.
The first pattern is a father with an existing relationship.
Many times the parents lived together as a family, but were never married.
The second pattern is a father who has been denied contact with the child.
Additionally, the problem is that until a court order exists, the father has no recognized parental rights.
How To Establish Paternity Rights guides individuals through next steps.
Establish paternity
The good news is that fathers can establish rights and obtain a court order. It is up to fathers to make this happen. The first step is to hire an attorney and establish paternity. Paternity can be established by signing an Acknowledgment of Paternity (often called signing the birth certificate) or by genetic testing. When I need the court to order genetic testing, I file a motion along with the petition.
Custody and visitation
The next step to How To Establish Paternity Rights in Oklahoma is to obtain a court order. An Application for Temporary Orders puts you on the docket. A hearing will determine temporary custody and visitation. The court bases the order on the child’s best interest.
That temporary order marks an important milestone and gets your foot in the door. Additionally, a set schedule exists. You gain a visitation schedule that is no longer at the mercy of the other parent. The visitation order is enforceable.
The last hurdle is the final order. Every case depends on the individual facts. When there is an existing relationship, the starting point for visitation differs from a case with no bond.
In the right circumstances, Fathers can get custody or joint custody. However, custody requires the right facts. The trick is knowing what is realistic based on what you have to work with.
First, whatever the starting point, the court is tasked with acting in the child’s best interest.
Additionally, a child deserves two involved parents.
Moreover, the courts will support this.
The key is that the Father must take proper legal steps.
This will make it happen.
Specifically, custody of a child born out of wedlock is governed by 10 O.S. § 7800.
Additionally, to learn more about How To Establish Paternity Rights, visit my webpage.
Pete D. Louden
Author:
Pete D. Louden
Attorney at Law
Louden Law, PLLC
405-919-8355
petelouden@normanlaw.com
www.normanlaw.com
Office Address: 303 South Peters Norman, Oklahoma 73069
Copyright 2026 Pete D. Louden All Rights Reserved
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