Get free answers to your Child Custody legal questions from lawyers in your area.
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
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?
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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
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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
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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 ?
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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 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 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 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.
My daughter is 7 weeks old. The father does not help financially. He post guns. He wants to drive her around with no license. The only way he wants to see her is if i drop her off at his girlfriends house but I have never met her and he has never taken care of his daughter before.
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answered on Dec 25, 2024
Your question is very individual and fact-specific. You need to strategize privately with a lawyer. Sometimes it is worth going to court to obtain a custody order and specify each parent's authority and rights concerning the child, while in other cases a mother in your situation may decide to... 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
answered on May 8, 2024
Depends on the lawsuit that you are wanting to file. However, and I am aware this may sound snide, but if you are asking how to get the form, you may want to have an attorney help you, because the form is only the start of the process, you must then follow the procedures to insure the suit is... View More
I was 6 years old when my brother was born, and I've been at least helping out with taking care of him his whole life, from grabbing and temperature-testing milk for him as a baby to feeding and putting him to bed recently, I have changed more of his diapers then his dad (my ex-stepdad). My... View More
answered on Mar 1, 2024
You should consult an experienced family law attorney to help you. Good luck.
She breaks into my home and wrote on my clothes with a chemical that left burns. I have pictures of burns on my face and body. What can I do to protect myself.
My son and the mother of his child have no custody/visitation agreement in place. My son was not aware that he was the father of this child for the first two years of the child's life. The child's mother listed another person as being the father on the child's birth certificate. When... View More
answered on Nov 20, 2023
Grandparents rights are a moving target in Oklahoma and for the most part grandparents rights are those given by the parents of the child. If your son has no official rights established through the courts then you are just another person and not technically a grandparent (legally).
What steps do we need to take and how would we go about step parent adoption
answered on Oct 26, 2023
As long as bio dad has not paid child support for the past 13 months, an adoption without consent can proceed.
Adoption is a complicated matter, you should retain an experienced family law attorney to help you.
we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More
answered on Oct 25, 2023
In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More
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