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Oklahoma Child Custody Questions & Answers
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.

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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
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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
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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 »

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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.

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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.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm the mother and I want to sign temporary guardianship over to my parents. I'm in a Child safety case with DHS.

I need more time because DHS is wanting to take custody of her. The DHS worker has mentioned my mom to take temporary guardianship. If I sign temporary guardianship to my mom will DHS drop the case

Charles Watts
Charles Watts
answered on Feb 13, 2022

DHS may or may not drop the case. However, by your parents obtaining guardianship would allow the DHS worker to let your child remain in the care of a family member and not go into foster care in the event DHS stipulates you having to correct some items. If you feel there is validity to the... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: If a person is paying child support do I have to allow visitation/phone calls with the children can I stop communication

The father doesn't visit, in the last 2 years has visited 3 times. And is threatening court.

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

You need to look at the visitation schedule to see what the court ordered. I have never seen a judge disallow phone calls from a parent.

1 Answer | Asked in Child Custody for Oklahoma on
Q: Any laws in MO against moving to another state with your child before paternity is established?

He got an online DNA test kit after I moved from Missouri to Illinois, and he found out she is his after I moved to Illinois. He still doesn't know I moved, and hes been making threats to try and take me to court to get full custody of her. The courts have no reason to Grant him full custody,... Read more »

Charles Watts
Charles Watts
answered on Jan 5, 2022

You will need to post this in the MO and IL forums.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... Read more »

Charles Watts
Charles Watts
answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: What should i do if my 2 children live with me 100% of the time for 1&1/2 yrs and im still paying child support?

& does that mean that the person gettong child support for said children could come get my kids from me at any time even tho they are currently enrolled in school where we live (in a different state) plus i have medical etc etc for them

Anna L Self
PREMIUM
Anna L Self
answered on Nov 28, 2021

You should file to modify custody and ask the Court to make you the custodial parent with visitation to the other parent. You need a court order that says you are the custodial parent.

1 Answer | Asked in Child Custody for Oklahoma on
Q: Is the western cherokee tribe of AR and Missouri protected by the icwa laws
Charles Watts
Charles Watts
answered on Nov 11, 2021

ICWA applies to all "Federally Recognized Tribes" -- I am not an expert in Native American tribes (therefore you should consult someone who has extensive knowledge on the tribal recognition), but it is my understanding that Western Cherokee Tribe of AR and Missouri are NOT recognized as a... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My child’s father hasn’t been doing his weekly visitation for the last 6 months but wants to start again

I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... Read more »

Charles Watts
Charles Watts
answered on Nov 11, 2021

If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... Read more »

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