Wichita, KS asked in Family Law for Oklahoma

Q: Can a 13 yr old choose to live with their dad if their mom has left them with their grandma

My daughters 13 years old friend wants to live with her dad, her mom has no home at the moment and left the kids at her moms house. The girl doesn't want to live with her grandma, she wants to live with her dad but her mom n grandma keep telling her no she can't go live with her dad. Her dad has a home and stability something that the girl needs and he is her dad. I'm just trying to help figure out what this girl can do because she is unhappy and wants to live with one of her parents and has told her mom that she will move back when her mom gets a home of her own but until then wants to live with her dad. What can be done? I don't believe that their is any legal custody papers in the courts

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

A: Her dad would need to hire an attorney and file for custody of the child.

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

A: Based on your question there are a lot of moving parts. If there truly is no custody papers, then the father has a legal right to the child. But this is a very touchy subject and would need to be researched fully to make sure there are no legal custody papers. If the maternal grandmother does not have guardianship then her input is not completely binding as a grandparent does not have the same rights as the actual parent. As Pete stated in his answer your best bet is to hire an attorney and file for custody, or modification of if there is papers stating custody.

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.