Oklahoma Child Custody Questions & Answers
Q: I'm Pro Se. What document do you file after a failed family court mediation? State is OK. Case has been open a year.
I filed a Motion to Modify Child Custody, Visitation and Child Support over a year ago in Oklahoma. The judge ordered us to attend mediation. We agreed on Child Custody and Visitation issues in mediation and signed our intent. My attorney at the time wrote up an order for the agreements in... Read more »
Yes. A motion to settle along with an order for hearing that motion needs to be filed.
Q: Can the father of my baby legally keep the baby if I took him for an overnight visit?
I dropped of the baby to his father for an overnight visit. We are not legally married. Now he refuses to give him back. I did put his name on the birth certificate. They accused me of doing drugs and called CPS who did a drug test that I passed. How can he legally keep me from my baby?? And how do... Read more »
It depends on what has happened in your case thus far. Is there a paternity order that directs issues of custody, visitation, etc.? If so, and he is not returning the child per the Order, he may be held in contempt of Court for that. If there is not a paternity order, and DHS has him listed as... Read more »
Q: If I lose a jury trial what will happen if dhs is involved?
A lot more information is needed before I can try to answer that question. You should consult with an attorney licensed in Oklahoma ASAP, especially if you have an upcoming jury trial.
Q: What would be a reason we are still in emergency temporary guardianship 16 months later?
We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months of a... Read more »
There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."
As to your second point, I would need to see... Read more »
Q: Is there a packet or forms to file a petition of custody in Oklahoma?
There is not necessarily a standard, one-size-fits-all "packet" of forms available, as some divorces require different or specific forms and filings. If you contact a family law attorney licensed in Oklahoma, s/he will be able to walk you through the needed forms for your particular situation.
Q: My daughters dad is trying to keep her from me he does nothing for her doent provided for her. We have no court order?
He doesnt provided for her he doent pay the child support that he is order to pay
You state there is no Court order yet you say he is ordered to pay child support. If that order came from the Child Support division and the child was born out of wedlock, you need to hire an attorney to file a paternity action or if married file a petition for dissolution of marriage and ask for... Read more »
Q: I have sole custody, what proof do I need to show of abandonment etc so my new spouse can adopt my children?
I was given sole custody, all divorce states is I have sole custody and respondent to pay X Amt of child support.No visitation was granted etc. Nothing has ever been paid, and he has not even had contact in nearly 3 years. He has had CF and CM arrests in the past few years (drug abuse)with deferred... Read more »
If the biological father has not had substantial contact with the child in 12 months, you may be able to proceed with an adoption without the biological father's consent on the grounds of abandonment. Failure to pay child support and lack of interest in exercising visitation in this time can be... Read more »
Q: So my wife has been committing adulterous activity in our marriage. Even before we separated, we are still married and
Now claiming the mans last name. What can be done if anything? I’m in Oklahoma.
You must decided whether or not you want to stay married to this person. If you do not wish to stay married, consult with an attorney about filing a divorce.
Q: going through a divorce, with child, if i fire my attorney can she use hers in court while i dont have one? state of ok
Yes, it is her right to have an attorney. Whether you have an attorney or not has nothing to do with her right to counsel.
If you are not happy with your current attorney you can hire a different attorney. Whatever you do, DO NOT attempt to represent yourself as most of the time this... Read more »
Q: Can a parent go to jury trial to try and keep their child
What kind of case? Is it a custody case between parents or a case filed by the state for abuse or neglect?
Q: My daughters father is refusing to return my daughter back to my custody tomorrow at 6 p.m like is court ordered.
He’s saying he gets a full weekend for Father’s Day. That would mean he gets her Friday, Saturday, Sunday, Monday and Tuesday. We have temporary joint custody pending trial. What can I do?
Do you have a Temporary Order in place that specifically deals with Father’s Day/Mother’s Day? If so, it depends on the specific language of the Order. If he does not follow the specific language of the Order and return the child as the Order states, he could be held in Contempt of Court.... Read more »
Q: Is it child abuse to consume alcohol and something occurs such as the child leaving the house unattended. Is it neglect?
There was an incident where I as a parent consumed alcohol with a bac level higher than expected. I went to bed that night and my son left the house. He was two at the time. I’m being charged with child abuse but I was wondering if it’s neglect instead. When I went to social services they... Read more »
It is not clear whether or not you are talking about DHS charges of child abuse or criminal charges of child abuse. For DHS, no, this will always be on your record. If it is criminal charges and you receive a deferred sentence you may be eligible to get the record expunged at a future date.
Q: My fiance has joint custody with his childs mother but the motheris in jail and was with her grandma at that time
Now she is trying to not let her father see her at all and making false acusations towards him when the living conditions of the grandmothers home are horrible and when we picked her up just a few days ago before the accusations started she was cover in bed bug bites and hair smelling like smoke... Read more »
He needs to hire an attorney and file a custody case requesting custody. He needs to do this asap!
Q: Completed ISP pass drug test and recently hair follicle can they still terminate my rights or not let me have my son
I've passed every UA since December recently passed hair follicle completed my ISP DHS is still talking about terminating my rights and him out don't see how this is possible if I've done everything my ISP required
Do you have an attorney?
Q: If temp. Gaurdianship ended in Feb and theres been no court date does Mom have custody back?
On the court papers it says court will reconvene in three months for permanent placement but there has not been another court date. And the temp. Gaurdian was diagnosed with lung cancer.
I recommend consulting with an attorney that handles guardianship to determine the status and possibly setting a court date.
Q: My ex and I has never seen eye to eye since I was told by my 2 minor children step mom broke my daughters wrist and when
I showed great concern but also keeping a civil conversation out of concern for our children we have together. He just laughed and said I was making this stuff up in my head and I was dramatic and making something out of nothing. I didn’t think I was dramatic, I was emotional and crying for the... Read more »
I recommend consulting a lawyer any time you believe your child may be suffering abuse when they are not in your care to determine your options and if you have any duty to report same.
Q: his wife is” mother on school records” I can’t even get infor nothing on them and I’m aloud visitation but being denied
I believe I should be on school paperwork. I have been denied any communication with my children for Two years they move every time I find them. I was told that dhs was investigating them after the broken wrist thing. I just need help on what my legal grounds are so I don’t end up in jail bc I... Read more »
If you have an order allowing you visitation and the other party is refusing to comply with the terms of the order, you can file a motion to enforce the visitation order. There are other options, as well. I recommend you consult a family law attorney in the state/county where your divorce was... Read more »
Q: I am being denied visitation with my minor child
custodial parent is denying me physical visitation and also phone visitation. I have a signed court order granting me both. I would like to know what I have to do to file a motion with the court to allow me visitation with my child
If you have an order for visitation and the other party refuses to follow the order without just cause, you have a couple of options. You can file a motion to enforce or a contempt citation. Hire an attorney and they will review your case and explain the best option for your particular situation... Read more »
Q: My 17 year old daughter has a 9 month old. The dad signed the birth certificate. The babies great grandparents say they
Have rights to the baby cuz the mom and dad signed a notorized paper giveing them rights. My daughter doesn't have any form of ID so I know this is crap. They won't allow my daughter or any family to leave their house with the baby. Can we just go get him? She's a minor and believes anything they... Read more »
You cannot legally go and just pick up the child. If your daughter would leave with the child and go with you then you can do that in order to visit with the child. The father merely signing just the birth certificate is not a legal means of establishing him as the natural father. DHS has forms to... Read more »
Q: When my child turns 18 even though they are still in highschool can they just move out of the home?
Whenever a child reaches the age of majority which is the age of 18, they become an adult at that time and may move from their parents residence even if still in High School. Excepting certain restrictions such as the purchase of alcohol among others, they are deemed adults and may vote and enter... Read more »
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