Get free answers to your Child Custody legal questions from lawyers in your area.
I was served with a petition for divorce and dissolution of marriage in Oklahoma a week ago, along with an application for a temporary order. I'm unsure whether to respond to the petition or the temporary order first. The temporary orders have a 20-day deadline. I don't have a lawyer, and... View More 
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answered on May 14, 2025
It’s completely understandable to feel unsure of what to do first when you’ve just been served legal papers—especially with kids involved. Since the temporary order has a 20-day deadline, that should be your immediate priority. You’ll want to file a response to the application for the... View More
I am seeking to legally change my children's last names in Oklahoma without their father's consent. We have our final trial on May 14, where I aim to obtain full custody and address supervised visitation due to the father's documented drug and alcohol abuse. He has been living... View More
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answered on May 14, 2025
In Oklahoma, changing your children's last names without the father's consent is possible, but it requires going through the court. The judge will look at the best interests of the children, not just parental preference. If the father is uninvolved, has a history of substance abuse, is on... View More
I am seeking legal custody of my son, who has been living with me for the past year. His mother abandoned him and his brothers, leaving them with their grandmother, and she hasn't contacted him. My son is almost 13 and wants to live with me. I need assistance on how to proceed with obtaining... View More
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answered on Apr 30, 2025
You're taking a crucial step for your son's well-being by seeking legal custody. In Oklahoma, you'll need to file a petition for custody with the district court in your county, showing that you're the better placement option due to the mother's abandonment and your ongoing... View More
I am the custodial parent with a joint custody agreement in place with my ex-husband for our two teenage children. My daughter is experiencing mental health problems, and there is professional recommendation for treatment. However, my ex-husband, the non-custodial parent, refuses to consent to any... View More
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answered on Apr 13, 2025
It’s understandable that you want your daughter to receive the care she needs, especially when her mental health is at stake. Since the custody agreement requires joint decision-making, and your ex-husband is refusing to consent to treatment, you may need to seek a legal resolution to move... View More
I am considering filing a protective order against my children's father who stopped taking his prescribed medication and has attempted suicide in front of our children. He has made multiple threats previously and refuses to continue his treatment, claiming he doesn't need it. This... View More
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answered on Apr 13, 2025
Given the situation, filing a protective order could be an important step to ensure the safety and well-being of your children. If your children witnessed an attempt of suicide and their father has made multiple threats in the past, it’s understandable that you’re concerned about their... View More
I have been doing week-on, week-off custody with my kids for the last 3 years without any formal court order and no child support payments. However, my ex-partner is now trying to make me pay child support. What are my options or obligations in this situation, considering there has been no change... View More
answered on Apr 7, 2025
Get formal paperwork put in place. There will be a Child Support Calculation worksheet put together for you but it will take into account overnights, childcare (if any), Health Insurance (if any), other children in the home (not part of the case), alimony being paid out, etc... Your best bet is to... View More
In Oklahoma, if my 17-year-old child has been issued an emergency order of detention while in the emergency room due to violent and aggressive behavior, fighting with me, and having a history of mental health issues and law enforcement involvement, do I, as the custodial parent, have to stay with... View More
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answered on Apr 13, 2025
In Oklahoma, if your 17-year-old child has been issued an emergency order of detention due to their behavior and mental health issues, the law typically does not require you to stay with your child at the emergency room. The purpose of an emergency detention order is to place the child in a safe,... View More
I am currently involved in a Title 10A guardianship situation in Oklahoma, and I am a recovering addict. My oldest child is under my mother's guardianship, and my 15-month-old is technically in DHS custody but also placed with my mother. Although I still have my parental rights and have been... View More
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answered on Apr 13, 2025
To safeguard your parental rights and work towards regaining custody of your children, it’s crucial to stay fully committed to the steps outlined in your case plan. Completing your parenting classes, staying in regular communication with your children, and attending court dates are all positive... View More
I have a custody case in Tulsa County, and the father is not abiding by the joint custody order. He has kept our child from me for the past four weekends and is trying to prevent her from staying with me this summer, as outlined in the custody agreement. Although he has violated the order in the... View More
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answered on Apr 13, 2025
If the father is not complying with the joint custody order, you have the option to file a motion for contempt in Tulsa County court. This motion will ask the court to enforce the custody agreement and address any violations. Since you have kept detailed records of the communication and instances... View More
I recently fled a domestic violence relationship in Oklahoma and relocated to Nevada with my children. I acquired a Temporary Protective Order (TPO) in Nevada, where I was also granted temporary custody on March 18th, 2025. I registered this order with the state of Oklahoma. There is no prior... View More
answered on Mar 31, 2025
The courts will have to determine jurisdiction. It sounds like you just recently moved, and the residence of the minor child would have been in Oklahoma prior to you leaving. Which then most likely, the fathers motion will be heard here, and the Nevada court will most likely transfer their case... View More
I live in Oklahoma, and my wife and I are currently living separately without any court-ordered custody or visitation arrangements. I was planning to file for custody to have official orders in place, as my wife has been controlling my time with the children without any agreements. However, she... View More
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answered on Apr 13, 2025
You still have legal options, even without an attorney. Since the children were living in Oklahoma before your wife moved them to Colorado, Oklahoma is likely considered their home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). You can file a custody petition in... View More
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... View More
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answered on Apr 13, 2025
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... View More
I need guidance for a woman facing potential discrimination related to her recent childbirth. She was accused of drug use without proper evidence, resulting in her infant being placed in kinship care. There's concern about her medical records being accessed without consent, possibly violating... View More
answered on Mar 24, 2025
Children are automatically tested upon birth for many different things. If the child (or mother) test positive during the birth procedure for CDS then the hospital staff are required by law to disclose the abuse of a child to DHS.
Contact a family law attorney for anything additional.
I have been facing repeated violations of my civil rights and need legal assistance without upfront costs due to my limited financial resources and partial disability. My child was abducted by her father 17 years ago. He was abusive and has consistently prevented contact, even using intimidation... View More
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answered on Mar 24, 2025
I understand how difficult and painful your situation must be. Dealing with abuse, child abduction, and custody interference for 17 years takes tremendous strength. For legal help without upfront costs, contact your local Legal Aid Services of Oklahoma, which provides free representation to people... View More
I am 15 years old, and my dad has half custody of me. My mom is involved in a court case, and recently, my dad and stepmom filed an emergency custody order against my mom. In the past two weeks, my dad and stepmom have been fighting with me, and my stepmom got into a fistfight with me. Although my... View More
answered on Mar 14, 2025
Your preference is only a factor the court will consider when determining your best interest. There are multiple factors the judge uses and yes you preference is one of those factors.
You would need one of your parents to contact their lawyer and insert the preference. Good luck.
I am wondering if a parent can legally withhold a child support funds card from the child the support is for, in the state of Oklahoma. There is a court order regarding the child support funds, the child is 17 years old, and the mother is the custodial parent responsible for managing the funds.
answered on Feb 22, 2025
Child support is funds for the support of raising the child - not money for the child. This can go towards housing, utilities, food, clothing, etc… it does not have to go to the child directly.
I'm currently going through a divorce, and there is no custody agreement in place. My mother is assisting my husband in keeping my two children, ages two and one, away from me. I'm concerned about their well-being while in his care. I attempted to seek legal aid but was denied without... View More
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answered on Feb 17, 2025
The answer will depend on the circumstances. If there is no court order, you will need to go to court and have a hearing to establish a custody and schedule for parenting time. The Automatic Temporary Injunction that goes into effect when a divorce petition is filed and served prohibits a parent... View More
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent
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answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More
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answered on Dec 25, 2024
If there is an open guardianship, you will need legal counsel to help you file a motion for visitation. You will need to be able to demonstrate that you are the parent. If you are the alleged father, you may have to undergo genetic testing. You will also need to be able to show that it is in the... View More
My son has a two year old daughter and is not married and does not live with child’s mother. They both recently found out that even though he signed paperwork at birth of his daughter, the hospital did not include his name as the father therefore he is not on the birth certificate. She moved to... View More
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answered on Dec 25, 2024
Depending on when she moved to Kansas, he may need legal counsel either in Oklahoma or in Kansas. The "home state" of a minor child is generally defined as the most recent consecutive-six-month period where the minor child has resided. Whether the case ends up in Oklahoma or Kansas, he... View More
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