Understanding the Types of Fathers in Oklahoma Family Law
Hi, I’m Tulsa paternity attorney James Wirth, and I wanted to take a moment to break down something that many people may not realize. There are seven different types of fathers under Oklahoma family law.
While reviewing a statute related to recent changes in how the law treats unmarried fathers and their rights, it got me thinking: Do most people understand the legal distinctions between different types of fathers? That question led to this video, where I’ll walk through the different classifications and what they mean for parental rights. Let’s dive in.
The Seven Types of Fathers
Oklahoma law recognizes seven different types of fathers, each with distinct legal implications. Let’s break them down:
1. Adjudicated Father
An adjudicated father has been legally determined to be the father through a court proceeding. If a child is born outside of marriage, paternity may need to be established through a court petition, which can also address custody, visitation, and child support. Once the court rules on paternity, the individual becomes an adjudicated father with enforceable parental rights and responsibilities.
2. Presumed Father
A presumed father is someone the law automatically recognizes as the child’s father under certain conditions, even without a formal court ruling. The most common scenario is when a child is born during a marriage, making the husband the presumed father. Other ways to be considered a presumed father include:
The child is born within 300 days of the end of a marriage (due to divorce, annulment, or death). The marriage is later determined to be invalid. The parents marry after the child’s birth and sign an acknowledgment of paternity, which is recorded with DHS. The man has lived with the child for the first two years of their life and openly held them out as his own.
Distinctions Among Fathers: Acknowledged, Putative, and Biological
While a presumed father has automatic rights, paternity can still be challenged in court through DNA testing, provided it’s done within the legal timeframe and in the child’s best interest.
3. Acknowledged Father
An acknowledged father is a man who voluntarily signs an Acknowledgment of Paternity (AOP), typically at the hospital when the child is born. Both parents must sign the document, which allows the father’s name to be added to the birth certificate. This differs from a presumed father because it requires active acknowledgment rather than an automatic legal presumption.
Recent changes in Oklahoma law suggest that acknowledged fathers should be treated the same as presumed fathers in legal proceedings, though the practical application of this rule is still evolving. Like presumed paternity, an acknowledgment can be challenged under specific circumstances.
4. Putative Father
A putative father is a man who claims or is believed to be the father but has not yet been legally recognized through acknowledgment, adjudication, or presumption. If paternity has not been established, a putative father has no legal rights until further legal steps—such as DNA testing or court action—are taken.
Legal and Adoptive Fathers: Responsibilities Defined
5. Biological Father
The biological father is the child’s genetic parent. However, being the biological father does not automatically grant legal rights. If paternity is not legally established through acknowledgment, adjudication, or another legal process, a biological father may have no parental rights or responsibilities under Oklahoma law.
6. Legal Father
A legal father is the one recognized by law as the child’s father, regardless of biological connection. A man can become the legal father through adoption, acknowledgment, or court adjudication. Interestingly, a man may be the legal father without being the biological father, such as in cases where a husband is presumed to be the father of a child born during marriage, even if another man is the biological parent.
7. Adopted Father
An adopted father has legally adopted a child through court proceedings. Once the adoption is finalized, he has the same rights and responsibilities as a biological or legal father, and the child’s birth certificate is updated to reflect the adoption.
The Importance of Knowing Your Rights
Understanding the different types of fathers is crucial in family law cases involving paternity, custody, child support, and parental rights. If you’re dealing with a paternity issue or other family law matters, it’s important to consult an attorney to understand your rights and options.
Schedule Your Initial Consultation Today
Need legal guidance? Contact the Tulsa family law attorney at Wirth Law Office for a private and confidential consultation. To schedule a session with the Tulsa family attorney, visit makelaweasy.com, or call 918-879-1681 today for a low-cost initial strategy session.
