Q: Child taken by possible father without permission, no custody orders, police involved.
I need legal advice regarding my child, who has been taken by the possible father without my permission in Oklahoma City, OK. There are no court orders regarding custody or visitation rights, and paternity has not been legally established. I involved law enforcement, and there have been a couple of police call-ins related to domestic issues. My child has been with the possible father for a week now, and there haven't been any agreements about custody or visitation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In Oklahoma, if there are no court orders in place regarding custody or visitation, the situation can become more complicated. Since paternity has not been legally established, the father may not have legal rights to make decisions about your child’s care, but this depends on whether he can prove paternity. It’s important to act quickly to address this, especially since your child has been with the possible father for a week without your permission.
You should file for emergency custody or a temporary order with the family court to assert your parental rights and request that your child be returned to you. The court can also order paternity testing to establish the father's legal rights. Since law enforcement has been involved, it’s important to document everything, including any police reports or communications, to support your case.
Given the potential complexity of the situation, you may want to seek legal advice to guide you through the process and ensure that your child’s best interests are prioritized. This can also help you address any concerns about domestic issues that may be affecting the safety and well-being of your child. Taking these steps will ensure that your rights are protected and that you can pursue custody through the legal system.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
