I read the link that Dogmatique provided, but it does not actually say anything different than I said. Moreover, it is not the law, but merely someone’s summary of it. I read the part of it you quoted, and I believe it gave you an incorrect impression of Oklahoma law. Fathers do have, in the absence of a court order saying otherwise, equal rights to custody of the child with the mother. That’s true in every state. But the man must be determined the father before he will be able to assert those rights over the objection of the mother. Oklahoma only presumes paternity in situations in which the father is married to the mother or when the father has lived in the same household as the child for the first two years of the child’s life and has openly held out the child as his own during that period. Okla. Stat. §§10-7700-204. This latter part is what I believe that summary was discussing when it spoke of a father having rights to custody simply by his own acknowledgement of the child as his own. But obviously in this situation the OP has not yet met the requirement of living with the child in the same household for the first two years of the child’s life and given the mother’s parents’ apparent dislike for the OP it doesn’t seem likely that he will get the chance to do that.
In the absence of that presumption, paternity is established by one of the following:
B. The father-child relationship is established between a man and a child by:
1. An unrebutted presumption of the man’s paternity of the child under Section 8 of the Uniform Parentage Act;
2. An effective acknowledgment of paternity by the man under Article 3 of the Uniform Parentage Act, unless the acknowledgment has been timely rescinded or successfully challenged;
3. An adjudication of the man’s paternity;
4. Adoption of the child by the man; or
5. As otherwise provided by law.
Okla. Stat. §10-7700-201(B). I already covered the presumptions of paternity mentioned in (1), and as the presumptions do not apply to the OP because he is not married to the mother nor has lived in the same household as the child for two years and held out the child as his own during that time, we can rule that one out. So what is left? The acknowledgement of paternity, a court determination of paternity, adoption (which he does not need to do since he is presumably the biological father and can get a court determination of paternity) or some other method that Oklahoma law has yet to provide.
So the Oklahoma statutes reflect what I said earlier: he’s either going to need to get an acknowledgement of paternity or go to court and be determined as the father of the child if he wishes to assert his rights to the see the child right after the child is born. The summary that Dogmatique linked does not actually say anything contrary to that. The problem with the summary is that it was not specific enough about what kind of acknowledgement by the father would be enough, making it seem like all the father has to do is say “hey, that kid is mine” and he’d have rights to share custody with the child. But obviously Oklahoma would not let just any man get rights to custody simply on some unsupported assertion of being the father. He has to have lived in the same household as the child and held out the kid as his own for the first two years of the kid’s life, and we don’t have that situation here. The bottom line here is that Oklahoma is actually not all that different from other states, which is not surprising since it has adopted the Uniform Parentage Act, which has also been adopted by 15 other states.
The logic is that nobody is likely to get full custody...not mom or dad. At least that is the way that I see it.
Well, I read what was posted and clearly Taxing Matters is correct. If he is not legally dad, he has no rights. He becomes legally dad by either signing the AOP (assuming that mom will cooperate with that) or via court orders. Anything else would be incorrect.
What if my girlfriend herself wants me to take custody?
You're kidding right?
You have got to be trolling.
On the off chance that you're not ... HELL NO is the correct legal response.
You're welcome.
We're using different definitions of "full custody". It doesn't necessarily equate to sole custody.
Wait. OP, do you mean "custody of my CHILD", or "custody of my GIRLFRIEND"?
I might retract the "troll" comment. Maybe.
You will have to provide for the child if you get to see the child. The Judge will want to know who will care for the child when you're at school and hopefully at work ? Who will buy the child's food, clothes, diapers, health care, etc. How will you answer these questions ? Can you or your parents pay for daycare or someone to watch the child in their or your home ? Will one of your parents not go to work on the day that you have the child ? If you don't drive and you have to pickup and/or return the child, how will you do that ? How will you get the child to the dr ? What is you are working and can't get off or have an important test ? Who will take the child to drs appointments ?