Q: How would I go about getting custody of my daughter that lives in another state?
My daughter’s dad and I were never married and have never been to court over custody. She is almost 13 and wants to live with me because she doesn’t like the situation there. She is not doing good and they won’t get her help she needs but her dad won’t let her come live with me. I don’t want to just take her because he could come do the same. The courthouse in Oklahoma said that because I don’t have a case number I would have to get an attorney for the paperwork. I have 4 other children and don’t have the money to spend on an attorney just for paperwork but I need to get her out of the situation she has been going through.
A:
If your daughter has resided in Oklahoma for at least the past 6 months and there is no current custody order, you will need to file for custody in Oklahoma as that is the only state that has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. As such, you will need to talk to an OK attorney who knows the law and procedures there. If you cannot afford a lawyer, you may be able to qualify for Legal Aid or similar services in that state. You may also be able to do a limited scope representation there (but you would need to confirm that is allowed). If your daughter is in danger or you believe the situation rises to neglect, you could also contact Child Protective Services where she lives to investigate. Best wishes to you as you navigate this difficult situation.
This Web site does not create an attorney-client relationship between you and GordenLaw, LLC. The Answer given above does not constitute legal advice and is designed to provide general knowledge only. The Attorney responding above is not able to advise you specifically about your issue without further details of your case and establishing an attorney-client representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
