Glasgow, KY asked in Child Custody and Family Law for Oklahoma

Q: Can CPS or family keep a child away without proof of a court order in Oklahoma?

CPS went to a young mom's house, saw she had a physical disability and claimed it would hinder her ability to pick up her newborn child and that she couldn't be alone with the child and told her to take the child to the sisters house (mom is in a wheelchair). That was a year ago and the last time she ever spoke with CPS or anybody else. She hasn't seen her child since and every time she tries to call the police or anybody else, all they keep saying is that cps said they have a court order but yet she has never been to court or seen a court order. Courts have no case, mom has no paperwork, or worker, and the sister won't let her see the baby who is now a year old. Can she just go take her child back? What should she do if the sister refuses to give her back her baby?

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

A: Sounds like there are probably more details to this case than what has been included here. I think she should be prepared to explain why she didnt take legal action the very same day the child was removed instead of waiting a year.

Before she does anything she needs to have an attorney review all of the details of this case. The attorney will be able to sort all of this out and once they know everything that has taken place and why, the attorney will be able to explain to her the options she has going forward. Best of luck with this matter.

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