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??

Related Topics:
1 Lawyer Answer
Hans Otto Lehr
Hans Otto Lehr
  • 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

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.