Who has legal custody of a child when the parents are not married in Oklahoma?
Who has legal custody of a child when the parents are not married in Oklahoma?
When parents of a child were never married, Oklahoma law places sole legal and physical custody of the child automatically with the biological mother, even if the father signed an acknowledgement of paternity, and even if the father is named on the child’s birth certificate.
Can a married mother keep the child away from the father?
If you have sole physical custody, it is not legal for the other parent to take your child from you. Sometimes taking your child from you is a crime, like “parental kidnapping.” But if you are married, and there is no court order of custody, it is legal for the other parent to take your child.
What happens if a child doesn’t want to visit the other parent?
In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
At what age can a child refuse to see their father?
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.
Do you have to force a child to go with the other parent?
Let’s face it: No one can (or should) force children to visit with their parent if they don’t want to. However, there can be legal ramifications in cooperating with a child’s visitation refusal. Assure your children that both parents love them and that you want them to spend time with their other parent.
What to do if my ex won’t let me see my child?
What you want to do is take your ex to court to enforce the child custody order. If you can prove that he or she is intentionally withholding the children from you, the court will take action to enforce the court orders.
Can you refuse to go to Family Court?
If contact is refused and the non-resident parent takes the case to court, the resident parent will have to explain why contact was restricted. If there is already a court order in place for contact, refusal to allow the contact to take place may amount to contempt of court and possibly further legal action.
Can visitation be forced?
You generally cannot force the other parent to exercise his or her visitation if you have full custody of your child. Visitation is considered a “right”. The Court has the ability to force the Obligor to pay child support even if he or she doesn’t want to.
