Chandler, OK asked in Child Custody, Divorce and Family Law for Oklahoma

Q: Do I HAVE to go to court to determine who will get custody of the kids on certain days?

Me and my separated husband has 3 kids. We haven't been to court yet. But we signed a paper that I typed out saying that he gets them half a week and I'll get them the other half. I heard that my kids dont get fed well and are mistreated while they are at there dads house. I want to keep the kids just until we go to court to determine who gets custody since school is coming up. Am I legally binded to that signed paper or can I keep them without breaking the law.

2 Lawyer Answers
Pete David Louden
Pete David Louden
Answered
  • Norman, OK
  • Licensed in Oklahoma

A: I think your options are going to be based on the evidence that you have to back up your allegations. The moves you make a the start of a case can have an impact on the final outcome. So, do not make any legal decisions without first meeting with an attorney. The attorney can review what you have and then explain your options.

Charles Watts
Charles Watts
Answered
  • Divorce Lawyer
  • OKLAHOMA CITY, OK
  • Licensed in Oklahoma

A: Most likely, the piece of paper you typed out will not have any weight, as it was not an order of the court, however that is not a guarantee. Assuming you have either been served the divorce papers or you served him the papers, then there is usually a temporary order in place, which should address this issue. If you have not filed then I would urge you to sit down with a family attorney sooner rather than later. You do not want to jeopardize your standing in the case. A divorce with minor children should never be attempted without having counsel represent you as it can become very contentious rather quickly.

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