ESTABLISHING PATERNITY IN OKLAHOMA
What to know before you file a paternity case in Oklahoma courts
If you’re a parent needing to establish paternity in Oklahoma, this page explains what you need to know. It covers who can file, what the court process involves, and why paternity matters for custody, visitation, and child support. Fathers should know: being listed on the birth certificate does not give you legal rights. Until a paternity order is in place, the mother has full legal custody.
Establishing paternity gives both parents legal rights and responsibilities, and understanding how the process works puts you in control. This page will help you learn what the court expects and where to find the forms or services that can help.
Just because a man is named as the child’s father on a birth certificate does not alone create legal paternity in Oklahoma. It simply shows who the mother identified as the father at the time of birth. Without a court order, the father has no enforceable rights to custody, visitation, or decision-making—even if he signed the birth certificate or a hospital affidavit. A paternity case is the only way to make those rights legally binding.
FYI: A birth certificate is not a custody order.
BEFORE YOU START...
Residency Requirement:
The person filing the paternity case must have lived in Oklahoma for at least six (6) months and in the county where they plan to file for at least thirty (30) days. This rule applies only to the person filing the case.
Is this a contested or uncontested case?
If both parents agree on who the father is and can also agree on custody, visitation, and child support, your case is considered uncontested. If that’s your situation, I can help you prepare everything you need to file and finish your case.
If you and the other parent disagree on any part of the case—especially who the biological father is, or how custody or support should be handled—your case is contested, and you will likely need help from an attorney to sort it out through the court process.
THE MOST IMPORTANT THING -- OBTAINING PROPER SERVICE
Sometimes called “serving papers,” or “delivering notice,” it all means the same thing: you are notifying the other party that you are filing a case and that they are involved. In legal terms it is called “Due Process“.
This is an absolute requirement—it’s the first step in officially starting your case, and you can’t skip it.
YOU HAVE THREE OPTIONS:
If the other party is aware of what is happening and is in agreement, they can sign a waiver of service. Legally, this form is called an Entry of Appearance and Waiver. It is the simplest and most cost-effective option. Important:
The other parent is not required to sign this form. It must be voluntary. If they refuse or don’t respond, you’ll need to have them properly served by a process server, sheriff, or certified mail.If they are unaware of the legal proceeding then you have to give them notice. You can do this by either hiring a process server or sending certified mail to their last known address.
And if those fail, the final step is filing for Notice by Publication. This is an extra step and an extra hearing where you will be asking the court to let you publish notice in a newspaper.
Each option is a legal requirement to show you’ve made every effort to let the other party know. Without proof of proper service, the judge will not allow your case to move forward.
Testimonial
OTHER IMPORTANT INFORMATION
OKLAHOMA DEPARTMENT OF HUMAN SERVICES (DHS)
If you are receiving any State benefits through DHS that relate to your child(ren):
- Sooner Care
- Child care assistance
- Help with food (SNAP benefits)
- Or any other family benefit from DHS
then DHS must be notified of your Paternity case and must also agree to the Child Support amount/calculation. In the legal documents DHS is referred to as a Necessary Party. If DHS is not included and they’re supposed to be, the judge may reject your final paperwork or delay your case.
What You Must Do If DHS Is Involved
If DHS provides any kind of financial or medical support for the child, they must:
- Be notified about the case
- Review and approve the child support amount
- Sign the final court order or decree
That means you will need to contact your local Child Support Services office and gather this information from them:
- The name of the DHS attorney assigned to your case
- Their Oklahoma Bar Number
- Their email address
- Their mailing address
You must include this information in your court paperwork, and the DHS attorney will need to receive copies of all proposed orders related to child support. The judge will not sign your final paperwork without DHS approval if benefits are involved.
What Fathers Need to Know
In Oklahoma, just because you are named as the father on your child’s birth certificate does not give you legal rights.
If the child was born outside of marriage, the mother automatically has full legal custody—even if you were present at the birth, signed hospital paperwork, have been paying the mother money or have been involved in the child’s life. Until a judge signs a paternity order, you do not have the right to custody, visitation, or decision-making.
Filing a paternity case is how you ask the court to legally recognize you as the child’s father. Once paternity is established, you can ask for shared custody, set visitation time, and be included in important decisions like school, healthcare, and religion. You can also ask the court to approve a parenting plan that fits your schedule and your child’s needs.
The court will look at what’s in the best interest of the child—not just what either parent wants. If you and the mother agree on parenting time and support, you may be able to submit a written agreement and avoid a hearing. If not, the judge will consider each parent’s situation and make a final decision.
Establishing paternity is the only way to secure and protect your parental rights in Oklahoma. Without it, the mother has full control, and any time you spend with your child is only allowed by her—not by law.
What Mothers Need to Know
In Oklahoma, if a child is born outside of marriage—even if the father is listed on the birth certificate—the mother automatically has sole legal custody unless and until a court says otherwise. That means you have full legal authority to make decisions for your child, including where they live, where they go to school, medical care, religion, and day-to-day parenting.
However, if the father files a paternity case, the court will begin the process of legally recognizing him as a parent. That doesn’t mean the court will take away your rights—it means both parents may be given legal rights and responsibilities, based on what’s in the child’s best interest.
The court will look at several factors, including each parent’s ability to care for the child, where the child has been living, and what type of parenting plan would provide the most stability. In many cases, the court prefers for both parents to be involved—unless there is a valid reason to limit contact, such as concerns about abuse, neglect, or instability.
You can agree to a parenting plan if you and the father are on the same page, or you can raise your concerns in court if you feel the plan isn’t in your child’s best interest. You’ll also be asked to provide information about your income so that child support can be calculated using the state’s guidelines.
Remember: A father can only get rights through a court order—not just by being listed on the birth certificate, not by visiting regularly, and not by paying you money directly.
DNA Testing
Not every paternity case requires DNA testing. In Oklahoma, a DNA test will only be ordered if one of the parties asks for it or if the court believes it’s necessary.
If both parents agree on who the biological father is, and no one disputes it, the court usually accepts that agreement without requiring testing. You can move forward with legal paternity, custody, and support without ever taking a DNA test.
But—if either parent raises doubt about who the father is, the judge will likely order a DNA test to confirm it before making any decisions. DNA testing is done by a simple cheek swab, and results are typically ready in a few weeks.
Key Point:
DNA testing is not automatic. It must be requested, or the judge must decide it’s needed. If there’s no disagreement about paternity, you can skip that step entirely.
Child Support and Paternity in Oklahoma
In Oklahoma, when parents are not married, the court cannot order child support until legal parentage—also called paternity—has been established. This means the court must determine who the child’s legal father is. The Oklahoma Child Support Services (CSS) office can help with this process through either voluntary acknowledgment or DNA testing if needed. However, it’s important to understand what this process does and does not do.
Establishing paternity only determines who the child’s biological and legal father is. It does not give the father any rights to custody or visitation. Until a District Court Judge signs a Decree of Paternity, the mother has full legal custody of the child. That means she has the final say in all decisions about the child, including when and if visitation happens. A paternity order from CSS or a DNA test result does not give the father automatic rights to see the child or be involved in decision-making.
It is not uncommon for a mother to open a case with CSS and begin the process of establishing child support before any formal paternity case has been filed at the courthouse. In these situations, support may be ordered even though custody and visitation have not yet been addressed. This can create confusion for fathers who assume that paying child support means they have rights—but legally, that is not the case. A separate action must be filed in District Court to ask the judge for custody, visitation, or shared parenting time.
Once paternity is legally established, child support is calculated using Oklahoma’s guidelines. This includes both parents’ incomes, the number of children involved, how much time each parent spends with the child, and costs like daycare and health insurance. The judge will include a provision for income withholding so payments can be taken directly from the paying parent’s paycheck.
If you’re navigating paternity, it’s important to know your rights and what steps to take. CSS can help establish parentage and child support—but only a judge can issue a legal order that includes custody and visitation.
YOU CAN LEARN MORE ABOUT HOW CHILD SUPPORT IS CALCULATED HERE CHILD SUPPORT IN OKLAHOMA
Disclaimer: Hometown Legal Forms is not a law firm and does not provide legal advice. All information, forms, and resources on this website are based on Oklahoma law and are for general educational purposes only. Using this site does not create an attorney-client relationship. You are responsible for ensuring that any forms or instructions meet your specific needs and comply with all applicable laws. If you need legal advice, please consult with a licensed attorney.