Unwed Parents: How to Protect Your Visitation Rights
By Travis Vernier, Esq. – Bennett Vernier, PLLC
Navigating visitation rights as an unwed parent can be challenging—especially during the holidays. Without a formal court order, determining who gets time with the child often leads to confusion, frustration, and conflict.
If you are an unmarried parent seeking to protect your visitation rights, understanding Oklahoma’s laws is the first step toward ensuring a fair and consistent parenting arrangement.
Understanding Visitation Rights for Unwed Parents
In Oklahoma, unmarried mothers and fathers are treated differently under the law when it comes to custody and visitation.
✔ For mothers: If there is no court order in place, the mother is the presumptive custodial parent, meaning she has the automatic legal right to make decisions for the child—including where the child spends the holidays.
✔ For fathers: Unlike mothers, unmarried fathers do not have automatic custody or visitation rights. Even if the father is listed on the birth certificate or signed an Acknowledgment of Paternity (AOP), this only creates a presumption of paternity or establishes paternity in the case of an AOP—not legal custody or visitation rights.
💡 What does this mean? If you are a father without a court order, the child’s mother has full decision-making authority, and you may not have a legally enforceable right to visitation.
How to Secure Visitation as an Unwed Parent
If you don’t have a court order, your options for visitation are:
1️⃣ Negotiate with the Other Parent
If you and your child’s other parent can communicate effectively, try to work out a reasonable schedule. Many parents successfully co-parent without involving the courts—prioritizing the child’s best interests through open discussion and compromise.
👉 Pro Tip: Document any agreements in writing (text messages, emails, or co-parenting apps) to avoid miscommunication.
2️⃣ File for a Paternity Case & Visitation Order
If negotiation is not working, the only way to secure legally enforceable visitation rights is to file a paternity case in court. Through this process, you can:
✔ Establish a formal custody and visitation schedule.
✔ Ensure your right to see your child during holidays and special occasions.
✔ Gain legal standing in any future custody or parenting disputes.
Filing for a paternity case is crucial for fathers who want to guarantee their ability to spend time with their child—not just during the holidays, but year-round.
Put Your Child’s Best Interests First
In all custody and visitation matters, Oklahoma courts focus on the child’s best interests. The best approach is to:
✔ Work collaboratively with the other parent whenever possible.
✔ Avoid unnecessary conflict that could negatively impact the child.
✔ Consider what is best for the child’s emotional well-being, even if that means compromising on schedules.
💡 Reminder: The vistiation should be about creating positive memories for your child—not legal battles. If both parents can set aside personal conflicts and prioritize their child, the process becomes much easier.
Need Legal Help? Take Control of Your Visitation Rights Today
If you are struggling to secure fair visitation, don’t wait until the last minute. At Bennett Vernier, PLLC, we help unmarried parents establish legal custody and visitation orders that protect their parental rights.
📞 Call (405) 456-0404 today to schedule a low-cost initial strategy session with an experienced Oklahoma visitation attorney.
💼 Take control of your parental rights. Contact Bennett Vernier, PLLC today.
