Understanding Oklahoma’s Three Types of Legal Fathers
What are the three types of fathers in Oklahoma family law?
I’m Tulsa family law attorney James Wirth, and that’s the question we’re addressing today. We often hear terms like “adjudicated father,” “presumed father,” and “acknowledged father.” But what do they mean, and how are they different?
Adjudicated Fathers
An adjudicated father is a man who has been legally determined to be the father by a court. This typically happens through a paternity action when a child is born outside of marriage. After a hearing or trial, the court issues a decree of paternity establishing that person as the father, along with all rights and responsibilities that come with it.
Presumed Fathers
A presumed father is recognized by law without the need for a court order. This presumption applies in several scenarios:
If the child is born during a marriage, the husband is presumed to be the father. If the marriage ends—by divorce, annulment, or death—and the child is born within 300 days, this presumption still applies.
Additionally, if the marriage is later declared invalid, the presumption remains if the child is born during the marriage or within 300 days after. If the parents marry after the child’s birth and the father voluntarily asserts paternity in specific ways, he becomes the presumed father.
Finally, if during the first two years of the child’s life, the man lives with the child and openly acknowledges them as his own, he is considered the presumed father, even without marriage.
Acknowledged Fathers
An acknowledged father is a man who signs an acknowledgment of paternity at the hospital (or later), usually when the parents are not married. This acknowledgment, signed by both parents under oath and filed with vital records or DHS, establishes paternity.
Recent changes in the law provide that an acknowledged father has equal rights to the child, just as if he were a presumed father in a marriage.
Summary of Fatherhood Status in Oklahoma
So, the three types of fathers in Oklahoma family law are:
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- Adjudicated Father – established by court order.
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- Presumed Father – recognized automatically under certain circumstances.
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- Acknowledged Father – established by a signed acknowledgment of paternity.
If you’re facing a custody or paternity matter, it’s important to understand which category applies, as rights and obligations can vary. For advice tailored to your situation, speak confidentially with a Tulsa paternity determination attorney. To schedule a consultation with my office, visit MakeLawEasy.com.
Schedule Your Low-Cost Initial Strategy Session
Need clarity on your paternity or custody rights? Schedule a low-cost initial strategy session with us. Call 918-879-1681 today to discuss your case with an experienced Tulsa family law attorney and find out what steps you should take next.
