unwed fathers

[samwvr]

I have a 3yr old daughter in Oklahoma and i am in Georgia.The mom has 4 other kids an older boy who never graduated from high school. an 18 year old girl who gave birth at 16 ( I witnessed first hand the mother allowing her daughter to have boys sleep over in the same bed) also witnessed her buying the minor child cigarettes.She pays child support on an 8 year old boy.whom she just up and left. She just gave birth to another child whom she put up for adoption.all from different dads including mine ...she also just married a convicted felon whom my daughter is living with....some one please help i work alot but due to child support and insurance my funds are limited ..What can i do please help!!!!!?She has refused me visitation of any kind there is no custody but i am the father of record..i want at least visitation if not custody..i have married a dr. in physcology what can i do?

 

[Proserpina]

Convicted felon of what nature?

When were the crimes committed?

You should understand that without a court order for visitation, Mom doesn't have to allow you visitation.

 

[army judge]

OP, this is an unfortunate situation in which you've involved yourself.

It is, far more regrettable for those dear children.

But, the court won't second guess your choice.

You and this creature somehow mated and a child was eventually born.

The standard for remaining a parent is, sadly, far less restrictive than that required to own a dog, cat, or most domesticated animals!

But, if you ever wish to legally be mandated to see the little girl that you have been led to believe to be your daughter you'll have to do a great many things.

You'll first have to establish paternity.

Given the "brief" sexual history you've provided of this "brood female", I suggest you immediately begin that step.

In Oklahoma, here is how an unwed father is required to go about establishing paternity.

You must prove, via DNA testing, that you are the biological father of the little girl.

Once that is done, you can then petition the court for visitation, custody, and support.

Oklahoma Paternity Actions

When a child is born to married parents, there is a legal presumption that the husband is the biological father of the child.

If the marriage ends, issues involving child custody, visitation and child support are automatically addressed in the divorce proceeding — without the need to establish paternity.

However, when a child is born to unmarried parents, the court must establish paternity before establishing child support or providing the father with custody or visitation rights.





http://www.dna-testing-paternity.com/paternity-laws/oklahoma-state-paternity-laws

http://www.oscn.net/forms/child_sup...M Document in Microsoft Internet Explorer.pdf

http://www.okdhs.org/programsandservices/ocss/cssvcs/docs/patfaq.htm

http://www.dnatestingcentre.com/States/OK_Paternity_Testing.htm

Oh, it will cost you something.

How much?

Depends.

Read the information on the links I've provided, then contact the agencies listed.

Good luck, sir, I hope things work out the way you wish!

Here is a bit more food to chew on:

Introduction: Paternity is defined as the quality or state of being a Father. The person wanting to establish Paternity can either be the Mother, Father, or child, depending on the individual desires of the parties involved. With science giving us more accurate testing, the matter of establishing paternity is easier and more reliable than in the past. DNA testing methods include SWAB Test and DNA Genetic Identity. DNA testing centers are easy to locate and the costs are reasonable. For this reason, most paternity matters are settled prior to trial. In addition, Complaints and Petitions to establish Paternity are now often routine and agreed to by all parties. The resulting child support and custody proceedings are also involved.

Children born to unwed persons do not automatically have a legal Father without a Paternity action establishing the identity of the Father, whether agreed or contested. Note: Some States allow the establishment of Paternity by the execution of an Acknowledgment of Paternity form without a formal Court action.

Reasons to Establish Paternity:

Identity: To provide the child with a needed identity.
Health: It is important to know the health history of both the Mother and Father for medical care and treatment of the child.
Support: It takes two to fairly support a child in today's world to the extent of their ability.
Benefits: Establishing Paternity allows the child to be covered by health insurance, social security, inheritance and veteran's benefits.
Public Assistance: Paternity also means the parties can seek public assistance where they qualify.

http://www.uslegalforms.com/paternity/oklahoma-paternity-forms.htm



Fathers. If you are the father of a child born out of wedlock and the mother is denying your paternity or disallowing you visitation or custody of your child, you may want to file a Paternity Action. Oklahoma statute provides that a mother of a child born out of wedlock as de facto sole custody of the child, until the legally father asserts his paternity. Upon asserting one's parental rights in district court, there are good arguments and authority for fathers to have joint custody and equal access to their children. Although, fathers are certainly entitled under law to proceed representing themselves in court, competent experienced representation from an Oklahoma attorney is recommended. If you would like legal representation from an attorney at the Kania Law Office, or simply a free consultation, contact us at (918) 743-2233 or fill out the Ask an Attorney form.

What Court Should I file My Case In? This depends on many factors. The first question to ask yourself is do I get any assistance from DHS. This help consists of simple things like Sooner Care, Food Stamps, and more. If so and you re not interested in entering a custody order than DHS administrative Court may be right for you. For this action you can hire an attorney if you like but are not required. The problem with not having an attorney is that the process takes much longer given the volume of cases that DHS has to deal with.

Do you want an order for custody, visitation as well as child support? If this is the case than the proper place to bring your case is in the District Court where the child can be found. This order will enforce all issues and help to assure that a Court ordered visitation and custody is entered and can be enforced, if necessary in a contempt action. Also, if you are the Father of the child this court will adjudicate you the natural father thereby guaranteeing all the rights and obligations as a parent as if the child was born of a marriage.

http://www.kanialaw.com/case-types/...actions-determinations-under-oklahoma-law.htm

 

[samwvr]

thanx for your reply paternity is not the question i am on the birth certificate and she acknowledges that

 

[army judge]

thanx for your reply paternity is not the question i am on the birth certificate and she acknowledges that

The answer you seek, OP, is in my post.

You've establhed paternity, good for you.

That is about 20% of the work required to see your child.



If you desire to visit your child without unlawful interference by the child's mother you must bring a paternity action.


That action must be brought before an Oklahoma district court.

In order to do that, OP, you'll have to travel to Oklahoma.

If the child's mother contests your petition, it will become more expensive and difficult for you.


Unwed fathers have no inherent rights to visitation or custody unless they initiate certain affirmative actions to see their chid.

On the other hand, all parental rights are gifted to the mother upon the child's birth.

The establishment of paternity is a necessary step towards paternal rights, yet is meaningless unless followed up by a paternity action.

Well, meaningless in that by establishing paternity alone, the biological father is encumbered with paying support without being guaranteed visitation!!!

 

[samwvr]

thats a bunch of crap...especially when the mother is the way she is....Is there any way around me not going to oklahoma to fight this.....can i file from here?

 

[army judge]

thats a bunch of crap...especially when the mother is the way she is....Is there any way around me not going to oklahoma to fight this.....can i file from here?

Nope, the child resides in Oklahoma.

Oklahoma has jurisdiction over the child.

Therefore, you're required to litigate this matter in the child's home state.

 

[Proserpina]

thats a bunch of crap...especially when the mother is the way she is....Is there any way around me not going to oklahoma to fight this.....can i file from here?

You can hire an attorney in OK to represent you.

There is a reason why I asked the questions, btw.