Asked in Family Law for Oklahoma

Q: Is it legal for my ex husband to file custody without serving me papers?

Here about almost a month ago, I was supposed to meet my ex husband so I could get my daughter for my week. We had joint custody, week on/week off, neither of us had to pay child support. We were supposed to meet at 6pm, but when the time rolled around, he did not show up. I tried calling his phone, but it was out of order, so I called and texted his new wife several times, but still got no answer. I sat there until 6:45 and notified my ex husband and his wife I was headed home and to get ahold of me when I needed to get my daughter. Saturday came, I called and texted, still no answer. Sunday morning, I wake up to a text from him Saying I no longer had joint custody and that I now had supervised visitation and that I was 5 months behind on child support. I literally thought they had the wrong number and asked what they were talking about and they did not tell me. I looked myself up on public records and come to find out he filed back in March and I never got served papers.

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1 Lawyer Answer
Timothy J. Pickens
Timothy J. Pickens
  • Tulsa, OK
  • Licensed in Oklahoma

A: You have a good argument. However, you need to contact a local Family Law Attorney to review the issue of "Notice". TJP

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