I am full time parent of my son hav been since he was born 4-24-09 His father went to prison in December of 2008 and wasn't released til June or July of 2013 A paternity test was issued concluding he is the father while he was in prison so I could have DHS assistance his name was put on the birth certificate Months after he was released he never wanted to help Finically but always demanded he see his son which I had neve had an issue with I contacted child support service and payments started being issued he paid for a while and now nothing he is behind $1,135.75He was in prison when my son was born stayed til after his 4th birthday he won't let me know where he lives so I can be ok sending my son over then says he has all these rights and we have never gone to court to establish anything.
This is a duplicate post. Please see the answers already provided on the other version of this question.
Paternity test results and establishing paternity through DHS only establishes the father's obligation to support the minor child - pay child support. Oklahoma statute is fairly clear that an unwed mother is automatically vested with sole custody of the minor child until the father establishes paternity and seeks a court determination regarding custody and/or visitation.
You are legally not obligated to send your son to see his father, especially if you feel concerned about his safety and do not know where he. You are entitled to know where you child is staying, and the father must provide that information. Normally I advise clients thar because the statutes place the burden of seeking out and establishing rights on the father, to let the father do so. However, it sounds like this situation may warrant you filing a paternity action to define what his access is and the conditions of that access.
I encourage you to talk to a local attorney familiar with paternity actions and discuss your case in more detail. At that point the attorney should be able to provide some alternatives and potential solutions to your problem.
This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information be provided. You should consult an attorney for more specific guidance related to your case.
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