Get free answers to your Child Custody legal questions from lawyers in your area.
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
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'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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More
answered on Jun 24, 2024
Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More
I had my rights terminated when my daughter was 3 now she's 15 almost 16 and is having issues in the home with her adopted parents and I was wondering if there's anything I can do get my rights back?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
In Oklahoma, once parental rights have been terminated, the decision is generally considered final and irreversible. This means that the legal relationship between a parent and a child is permanently severed, making it extremely challenging to regain parental rights after termination. However, each... View More
Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More
The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More
Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
