If you are an unmarried father in Oklahoma, you might feel like you are standing on the outside looking in. You want to be there for your child, but without a legal document, you may have no say in their upbringing, medical care, or even visitation.
At Dads.Law, we understand the stress of navigating the Oklahoma family court system. If you want to secure your rights, the Acknowledgment of Paternity (AOP) is often the first critical step. This guide breaks down exactly what an AOP is, why it matters, and when you need to call a paternity lawyer to protect your bond with your child.
Understanding Oklahoma Paternity Laws
In Oklahoma, when a child is born to a married couple, the husband is legally presumed to be the father. However, for unmarried parents, the law is different and legal fatherhood must be established through a specific process.
The AOP is a legal form that, when signed by both parents and filed with the Oklahoma State Department of Health (OSDH), establishes the biological father as the legal father. Without this, even if your name is on the birth certificate, your legal standing is on shaky ground.
The Legal Weight of the AOP
Once filed, the AOP has the same force and effect as a court order. It creates a legal relationship between the father and the child, granting the father the right to seek custody and visitation while also establishing a legal duty to provide child support.
Common Scenarios: Why Dads Need an AOP
Establishing paternity isn’t just about a name on a paper; it’s about the rights and benefits your child deserves. Here are common reasons why Oklahoma fathers seek an AOP:
- Securing Visitation Rights: You cannot legally demand to see your child in Tulsa County courts without established paternity.
- Medical History: It ensures your child has access to your family’s medical history and health insurance benefits.
- Inheritance and Social Security: Should something happen to you, your child is legally entitled to your estate and government benefits.
- Custody Battles: If the relationship with the mother sours, having an AOP on file is your ticket into the courtroom to fight for your child.
Step-by-Step: How to Establish Paternity in Tulsa
If you are a dad in Tulsa, you generally have three routes to establish paternity. Here is how the process works:
1. Signing at the Hospital
The easiest time to sign the AOP is at the hospital when the baby is born. Most Tulsa hospitals, such as Saint Francis or Ascension St. John, provide these forms to parents immediately after birth.
2. Filing with the OSDH Registrar
If you didn’t sign at the hospital, you can sign the form later. Both parents must sign in the presence of a notary and mail it to the Division of Vital Records in Oklahoma City.
3. Court Action (When She Won’t Sign)
This is where a paternity lawyer becomes essential. If the mother refuses to sign the AOP, you may file a “Petition to Establish Paternity” in a district court. The court may order a DNA test. If the results show a high probability of paternity, the judge will likely issue an order establishing you as the legal father.
The “60-Day Rule”: Rescinding an AOP
What happens if you sign an AOP and later find out you might not be the biological father? You only have 60 days after the AOP is signed to rescind it. After that window closes, you can only challenge it in court by proving fraud, duress, or a material mistake of fact. This is an uphill battle that requires aggressive legal representation.
How Dads.Law Protects Oklahoma Fathers
Establishing paternity is the “key” that unlocks your rights, but it is just the beginning. At Dads.Law, we focus exclusively on helping fathers navigate the complexities of the Tulsa legal system. We don’t just help you sign a form; we help you build a future with your child.
We assist fathers with:
- Filing Paternity Actions in Tulsa and the surrounding counties.
- Navigating DNA testing and results.
- Transitioning from an AOP to a formal Custody and Visitation Schedule.
- Defending against unfair child support calculations.
Frequently Asked Questions
Does signing the AOP give me automatic custody?
No. The AOP gives you the standing to go to court and ask for a custody or visitation schedule, but it does not grant it automatically.
Can I sign an AOP if the mother is married to someone else?
This is complicated. If the mother is married to another man, he is the “presumed father.” To establish your rights, the mother and the husband must sign a Denial of Paternity (DOP) while you sign the Acknowledgment of Paternity. Both documents must be on file with the State of Oklahoma before the presumption of the husband being the dad is rebutted.
What if I’m not sure I’m the father?
Do not sign the AOP. Once you sign, you are legally responsible for that child, including 18 years of child support. If you have doubts, contact a paternity lawyer immediately to request a court-ordered DNA test before signing any documents.
Protect Your Relationship with Your Child
Don’t leave your rights to chance. Whether you need help filing an AOP or you are facing a mother who refuses to acknowledge your role, you need a team that stands up for dads. Contact our team today.
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