Houston, TX asked in Child Custody and Family Law for Oklahoma

Q: Can oklahoma give custody to a grandparent out of state, without notifying the parents? We were not notified of anything

Wife had kidney stones. Her dad said he would take the kids for a week. He wanted another week. I said no. He then said we couldn't financially take care of them. I then told him if he doesnt bring them back I would call the cops. He then got mad and said that I was abusing my daughter. Its been a week now since they were supposed tobe back. We gone to dhs and the cops. No one wouldgive us any information. We called texas dhs and norman dhs and there was no case. Wife went down there to get the kids. And the cops said that norman gave custody to the grandpa this morning. We have not been talked to abiut anything all week. We call and call, we even went to norman dhs in person and they said they would check it out. They never called never gave us any information.

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1 Lawyer Answer
Pete David Louden
Pete David Louden
Answered
  • Divorce Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: Hello:

Your not going to get anywhere making calls. The absolute best thing you can do is schedule an appointment with a family law attorney ASAP. A Guardianship is not granted without notice to the parents unless the court enters an emergency order. To get an emergency order there has to be some very serious allegations. If an emergency is granted, the court will schedule a show cause hearing within 10 days.

If you want to get the kids back you will need to hire an attorney and do it fast enough that you give the attorney the maximum amount of time possible to prepare your case. Cases like this can be dealt with and the kids returned to the parents if there was no legitimate reason for the guardianship such as the grandparents made allegations that they later cannot prove at the hearing. If they made allegations that are serious enough and they can prove, that is going to be a different story. Call an attorney first thing in the morning!!

Pete D. Louden

Gary Johnston Dean agrees with this answer

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