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

Q: Can the father of my baby legally keep the baby if I took him for an overnight visit?

I dropped of the baby to his father for an overnight visit. We are not legally married. Now he refuses to give him back. I did put his name on the birth certificate. They accused me of doing drugs and called CPS who did a drug test that I passed. How can he legally keep me from my baby?? And how do I get him back??

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1 Lawyer Answer

Hans Otto Lehr

Answered
  • Divorce Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: It depends on what has happened in your case thus far. Is there a paternity order that directs issues of custody, visitation, etc.? If so, and he is not returning the child per the Order, he may be held in contempt of Court for that. If there is not a paternity order, and DHS has him listed as the natural father, it may be a much more complicated situation for you. You need to contact and consult with a licensed attorney in Oklahoma to discuss the matter in depth.

Melissa Oxford agrees with this answer

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