Lawyers, Answer Questions  & Get Points Log In
Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Oklahoma on
Q: I just moved oklahoma 2 months ago and was told I couldn't file for custody in this state we lived in florida for years

Can I file in florida since oklahoma isn't the home state and florida was

Charles Watts
Charles Watts
answered on Nov 14, 2022

In Oklahoma, the child must be a resident within the state for 6 months. Once that is established, it remains that state until another state's residency jurisdiction takes over.

1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... Read more »

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have a teen who ran away from the state of Kansas custody. I live in Oklahoma City will I have to send her back

I am teens biological mother but my rights were terminated to her 15 years ago. She has recently been taken by the state again but from her aunt that adopted her and doesn't want her back. she wants to be with me. I don't want them to come pick her up and not sure what I can do at this point

Charles Watts
Charles Watts
answered on Oct 29, 2022

Unfortunately for you you have no legal standing in keeping her if your rights were terminated. Her aunt “may” grant you guardianship which would essentially give you permission for custody but would not change your status in regards to the parental rights. This is all conditional on the courts... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is "any other times mutually decided and agreed upon by and between parties" enforceable?

In current permanent parenting plan, custody exchanges are detailed except one. The phrase "Any other times mutually decided and agreed on by and between the parties" is included. Ex spouse refuses any and all requests for this as she believes that this is not enforceable if one party... Read more »

Charles Watts
Charles Watts
answered on Oct 28, 2022

Your question is a bit vague and not sure what the law enforcement provision is regarding to. In general “any other times” is just that times that are not specifically mentioned in the plan (ie. Regular visits, holidays, summer, etc…) and thus these times are merely optional so long as both... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my childs other parent is trying to keep them from school to goto mexico what am i able to do

Currently separated for 4 years but still married and she lives in the home i own

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 3, 2022

Mexico requires written consent of both parents for a child to enter Mexico.

Consult an experienced family law attorney for more help.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do you have to have your ex signature to sign away your rights as a parent

Due to extenuating circumstances and the fact that my ex has parental alienated my kids that they absolutely refuse to have anything to do with me, do I need her signature to relinquish my parental rights.

Charles Watts
Charles Watts
answered on Sep 10, 2022

Once a parent always a parent until your rights are relinquished as a process of law. You cannot just simply waive the rights unless you are giving consent for a step-parent to adopt. Even if you attempted to waive the rights you are still responsible for support until someone else fills that role... Read more »

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: joint legal custody and father is refusing to administer son's adhd medication during every other weekend visitation

5 year old not good to withdraw from meds for 2 days and what can i do

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 20, 2022

You need to contact your attorney to bring matter before the Court. The judge likely will order the meds given as prescribed.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: A family member has my kids and went to court for temporary custody it’s been more than a year since court and I want

And I want my kids back, they haven’t taken me back to court for it and i just want to know if I can show up and get my kids since the tempo custody was for 6 months and it’s been way past that. I just found out about this. My parents who have my kids dislike me very much. They had nothing... Read more »

Charles Watts
Charles Watts
answered on Jun 18, 2022

You do not have enough details to properly answer your question. However, as with almost any custody issue you should contact a family law attorney to discuss the specifics of your case and your options.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: What if we were not married?

How far in advance would I have to notify the other parent that we are moving if there is no custody agreement between us? And can they legally stop me from moving?

Charles Watts
Charles Watts
answered on May 15, 2022

This forum is a general forum and it is not as easy as a yes or no. You need to contact a family attorney for a consult to get your specific details.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How far in advance do you have let the other parent know your moving if there is no custody agreement?

Can they legally stop you from moving if there is no custody agreement?

Charles Watts
Charles Watts
answered on May 15, 2022

There is a default state statute on this and even if your decree is absent wording it is enforceable. However, it is more applicable to the primary custodial parent (or more specifically the one person who can declare the primary resident of the child). You should contact an experienced family law... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Oklahoma on
Q: My rights were terminated in NC 3 yrs ago Im now in Oklahoma can parental rights be restored, contact, anything and how

I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... Read more »

Charles Watts
Charles Watts
answered on May 12, 2022

If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: What happens when there has not been a discovery given to attorney and the case isnt going to trial

My dhs lawyer has been going back and forth for almost 3/4 months trying to get the discovery for our case from the courts and they keep beating around the bush. Now they are not even responding to him. I know that the discovery does not have to legally be given out (even though we are entitled to... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on May 11, 2022

I don't know what discovery the courts would be providing to you. Generally its the opposing party that you are requesting documents/information from and if they fail to comply with discovery requests you file a Motion to Compel. Your DHS attorney probably knows this.

1 Answer | Asked in Child Custody for Oklahoma on
Q: What paper do I need to file to get custody of my child if her father which is the custodial parent is in jail
Anna L Self
PREMIUM
Anna L Self
answered on May 11, 2022

You would need to file a Motion to Modify custody and set it for hearing before the Judge. You should also file for emergency custody if the custodial parent is currently in jail. This can be complicated so I suggest you seek the services of an attorney.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: I call this kidnapping by fraud, but how does a man ad himself to his wards birth certificate while mom is incarcerated?

Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... Read more »

Charles Watts
Charles Watts
answered on Apr 2, 2022

Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.

2 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: On the divorce decree it states my ex can claim our daughter until no longer eligible. (Very loose language) however,

I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.

Evan Humphreys
Evan Humphreys
answered on Mar 18, 2022

It really depends on the wording of your decree. The IRS has its own rules about which parent can claim the children on their taxes and they often don't care what a decree says. However, and this is very important, a divorce decree is an enforceable court order and disobeying it can put you in... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Is it illegal for my custodial guardian my grandmother to tell me that i cant go to my dads if i havent cleaned my room
Charles Watts
Charles Watts
answered on Mar 12, 2022

Yes. If she is the custodian due to a guardianship then she has authority over you.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: i seperated from my husband and had to move to washington with family due to a housefire.

he is witholding contact, contact info and concealing the location of my children

Charles Watts
Charles Watts
answered on Mar 4, 2022

Sorry for your misfortune in regards to your house. If that is the only thing in your case and there are not other circumstances then you should file a motion to enforce. Contact a family law attorney to assist you with this for best results.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have legal custody of my son’s daughter and have for over 5 years now. She wants to change her last name to mine.

Her father has agreed. He is in prison and mother is on drugs. I live in Oklahoma now but got custody of her in North Carolina. Where would I start the process?

Charles Watts
Charles Watts
answered on Mar 2, 2022

Based on the limited facts, you may be able to file here however you need to have an attorney look at the facts of your case.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Custodial parent has withheld children from non custodial parent for 4 years. What can be done?

Non custodial is behind in child support but is making payments. The visitation is court ordered and is not being denied by non custodial but not being followed by custodial due to no communication at all for the last 4 years, despite non custodial and family reaching out.

Charles Watts
Charles Watts
answered on Feb 22, 2022

From the limited information your best bet is to contact a family law attorney for a motion to enforce. However without fully researching the facts of your case this is a general recommendation.

View More Answers

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.