Q: My daughter is 16 and lives with her dad in Oklahoma. I live in Kansas where custody was filed.
She has been to a youth shelter twice in six months because he is mentally abusive. Can I file for emergency custody and which state do I file in? She wants to move back with me, hes only had custody for a year.
A:
From what you've described, it sounds like the "home state" of your child is Oklahoma, so you could likely file in Oklahoma. I do not know or practice Kansas law, so you should contact a Kansas-licensed attorney to explore options of filing in the place where your current custody order is located (divorce decree/custody order) or somewhere else in Kansas on an emergency basis.
I wish you the best.
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.
