Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?
In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?
A:
Yes, any family law attorney in your part of the state can help her. Take a copy of the protective order and any other court documents to the attorney. Once they review what has been filed they will then be able to tell you exactly what needs to happen next.
Best of luck and happy holidays.
Charles Watts agrees with this answer
A: She can go to family court and get a custody agreement in place. Even if father and mother can’t get along, the child has the right to have as much time as possible with each parent.
Charles Watts agrees with this answer
A: As both my colleagues have indicated - there is a potential to have this resolved. You will need an attorney to help you fight. There is always more facts that come out once the paperwork is all in front of the attorney. However, an action can be filed that establishes custody (joint, full, equal, or anywhere in between) with visitation guidelines - even when a protective order is in place. Contact a family law attorney for you best course of action.
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.
