Having children before marriage is becoming more popular in the United States recently. In 1940, nearly 4 percent of births were to unwed parents. As of 2015, the CDC’s National Center for Health Statistics reported 40 percent of births in the United States were to parents who were not married. When parents aren’t married, and live apart, it could become necessary for one of them to pay child support in Oklahoma.
A recent survey from the Institute of Family Studies shows that of the population of 28- to 34-year-olds — commonly referred to as “millennials” — 55 percent chose to have children without getting married.
If more than half the population in the United States of child-bearing age is choosing to have children outside of marriage, speaking to a child custody attorney is necessary to understand your rights and responsibilities as a parent if you and your partner chose to separate.
Rights and Responsibilities
As a parent, legally you have certain rights the court grants to you. Many of these rights include access to the legal system to request certain types of orders, commonly know as “standing.”
Standing is defined as the legal right to “stand” before a court and request an order — or defend one — with enough connection and cause to advocate on their own behalf. A parent to a child has standing to petition for specific orders.
A parent’s rights to not extend to a judge to automatically ordering a certain outcome, however. A party must prove their case, ideally with the representation of an child custody attorney.
A parent’s rights include:
- Request a custody order
- Request visitation
- Remain up-to-date on their child’s education and health
- Be notified before any determination is made concerning parental rights
- Request child support
As a parent, you not only have rights, but responsibilities. These responsibilities include:
- Provide education and health
- Financial support
- Emotional and spiritual support
- Loving and safe living environment
- Support in their growth and development
- Treat and care for any special needs
Custody Order vs. Private Parenting Plan
If there is not a current custody order in place, you and your partner can either choose to create a parenting agreement with a child custody attorney, or your child custody attorney can help you file a petition for child custody and child support.
One of your rights as a parent is to request financial support for the care of your child. The assignment of child support in Oklahoma is based on the assumption both parents will pool their incomes to support their child.
In calculating child support, the court will determine the gross income of the parties, and then combine the amounts to determine the gross monthly family income. Each parent’s gross family income contribution percentage is then used as the percentage share of the base child support amount. The non-custodial parent is required to pay the custodial parent a base child support amount.
The above description is used when a child custody attorney helps you file a petition for child support. You and your partner can either create a parenting plan on your own with a child custody attorney, or you can choose to ask a judge to determine custody instead.
If you choose to privately create a child custody and support agreement, you and your partner can choose your own amount — however the amount must be in the best interest of the child. A child custody attorney can advise you on the proper amounts.
Free Consultation with a Tulsa Child Custody Attorney
As a parent, you are obligated to support your child financially, even if you and your partner were never married. If you are the custodial parent, you are entitled to an amount to assist in the financial support of your child.
Meeting with a child custody attorney will help you understand the process more thoroughly and be prepared during the child support process.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child custody and support procedure.
For a free confidential consultation, call now: 918-924-5526.
