Lawyers, Answer Questions  & Get Points Log In
Oklahoma Child Custody Questions & Answers
3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Pete David Louden
Pete David Louden
answered on Dec 22, 2022

Yes, any family law attorney in your part of the state can help her. Take a copy of the protective order and any other court documents to the attorney. Once they review what has been filed they will then be able to tell you exactly what needs to happen next.

Best of luck and happy holidays.

View More Answers

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Timothy Carignan
Timothy Carignan
answered on Dec 22, 2022

She can go to family court and get a custody agreement in place. Even if father and mother can’t get along, the child has the right to have as much time as possible with each parent.

View More Answers

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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Do I have a good chance of getting custody of my little brother?

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

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 1, 2024

You should consult an experienced family law attorney to help you. Good luck.

1 Answer | Asked in Divorce, Personal Injury, Child Custody and Child Support for Oklahoma on
Q: I'm going through a divorce. I didn't get a lawyer and my wife obtained a Protective order quite easily. I obay it.

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.

Charles Watts
Charles Watts
answered on Dec 27, 2023

File a vandalism police report and file your own VPO.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I sue my grandchild's mother for visitation rights to my grandchild

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

Charles Watts
Charles Watts
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).

1 Answer | Asked in Child Custody for Oklahoma on
Q: so her stepfather wants to adopt her, her biological father has not seen or made contact with her in 5 years

What steps do we need to take and how would we go about step parent adoption

Gary Johnston Dean
Gary Johnston Dean
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.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Revoking invalid minor child POA that I did not grant/sign? Person who granted has no rights, I have sole custody

Was done without my knowledge, I'm not sure exactly which power of attorney it is, I'm needing to revoke because my son is being illegally withheld from me because of this one fraudulent document.

Charles Watts
Charles Watts
answered on Oct 25, 2023

If it is simply just a POA in which you grant power to someone, you simply can revoke that. However, this sounds more like a Guardianship. Due to the specifics in your case, you need to consult with an attorney rather than the reliance in a general forum such as this. Best of luck to you.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: DHS placed grand child in my custody. 1 year 6 months later we want to return child to parents. Can DHS prevent this?

Originally it was supposed to be a month. Mother is supposed to go to rehab. Left after detox.

Charles Watts
Charles Watts
answered on Jun 13, 2023

DHS decision will prevail in reunification with the parent(s) - if you do not want any longer then contact DHS and they will place in another home until the parent(s) either complete their tasks and are reunified or they terminate parental rights.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: If my ex wants to file for custody after I won custody 3 years ago will I be served papers

She is saying she filed and has received service papers with a court date but I was never served. I don’t know if she is lying about filing. I have had custody with her having every other weekend and holidays. I receive a little child support from her monthly per court order after our divorce.... View More

Pete David Louden
Pete David Louden
answered on Jun 13, 2023

As easy way to find out if something has been filed is to look at your case on www.oscn.net. If she has filed a Motion to Modify hire an attorney right away.

Best of luck!

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Will a marriage supercede a part in a custody agreement?

For instance, if there is a term that states no living together with your significant other for at least a year, would getting married supercede that?

Pete David Louden
Pete David Louden
answered on Jun 12, 2023

Maybe. Some decrees will cite an exception for marriage, but some don't. It would boil down to to the exact language used in the decree.

1 Answer | Asked in Child Custody for Oklahoma on
Q: When a couple has a child together but the father is still married to his wife, who has custody of the child in Oklahoma

The father is married. The mother is not.

Charles Watts
Charles Watts
answered on May 5, 2023

If the parties cannot agree then a paternity suit establishing custody would be the course of action to take.

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Oklahoma on
Q: oklahoma dhs is trying to serve me,there was a letter on my bf door when he got home,should i go pick up the paperwork ?

I haven't been serve yet,however I have called spoke w/the sheriff office asking what was this matter of the deputy told me i had until Friday to pick up the paperwork......what should i do?

Charles Watts
Charles Watts
answered on May 5, 2023

Get the paperwork. You simply refusing it will only make things more complicated in the long run.

1 Answer | Asked in Child Custody for Oklahoma on
Q: If a father has full custody of the children can he deny the mother visitation if the court has not denied her rights
Charles Watts
Charles Watts
answered on Mar 27, 2023

He has to follow the order of the court for visitation/custody. If there is not an order in place then a custody action would need to be put in place to enforce visitation. Contact a family law attorney in order to discuss your specifics to get a more definitive answer to your unique situation.... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my boyfriend to my child father first?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... View More

Charles Watts
Charles Watts
answered on Mar 23, 2023

This should be in your divorce decree and/or parenting plan. The most common verbiage is that no one of the opposite sex can stay overnight - usually not just meeting. But you should contact a family law attorney to go over the specifics of your case.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I'm 17 in less than a month, I was told that I'm legally able to move out in Oklahoma. Is this true? I need out

I need to move out before I'm 18 because I could do more for myself if I was able to be somewhere else. I don't have a job, and can't because I still have no Social Security card or CDIB and I had my aunt order my birth certificate bc if I ask my mom she'll forget and get mad... View More

Pete David Louden
Pete David Louden
answered on Feb 19, 2023

In Oklahoma, you become an adult at the age of eighteen and at that time a person can make their own decisions.

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 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.

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.