Oklahoma Child Custody Legal Questions

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210 legal questions have been posted about child custody by real users in Oklahoma. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Oklahoma Child Custody Questions & Legal Answers
Do you have any Oklahoma Child Custody questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 210 previously answered Oklahoma Child Custody questions.

Recent Legal Answers

What do I need to file for guardianship of a minor child age 15

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More
So, a court cannot force a parent to see their child. But a court can force a child to see their parent. If you choose to not have any visitation rights to your child, the only consequences would be a probable increase in child support payments. The policy of courts is to fix the child support amount in proportion to the amount of time each parent spends with the child. Accordingly, if you do not wish to see your child anymore, then your ex would most likely make a motion to increase your child support. ... Read More
So, a court cannot force a parent to see their child. But a court can force a child to see their parent. If you choose to not have any visitation... Read More

Can I sue a woman for hiding the birth of my child from me?

Answered 3 years and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Child Custody
You can sue the woman in a family law court for a paternity test to establish a parental blood relationship, and then ask for either joint custody or at least visitation. She will most likely file a counter claim for child support and all those issues will be adjudicated by the judge.
You can sue the woman in a family law court for a paternity test to establish a parental blood relationship, and then ask for either joint custody or... Read More

Can I get full custody of my children?

Answered 5 years and 3 months ago by attorney Jon R. Vittitow   |   1 Answer   |  Legal Topics: Child Custody
You can file a motion to modify child custody with the court requesting to terminate joint custody based on the change of circumstances since the divorce.  You do not need his cooperation to file the motion.  
You can file a motion to modify child custody with the court requesting to terminate joint custody based on the change of circumstances since the... Read More

Can the father of my child legally keep communication between me and the child

Answered 5 years and 7 months ago by attorney Jon R. Vittitow   |   1 Answer   |  Legal Topics: Child Custody
I would need a lot more information to give an accurate answer to your question.  But if you and the father were never married (and there are no court orders about your child) and he is keeping the child from you, it is advisable that you file a Paternity Action to establish child custody and visitation.  In the meantime, you may be able to have the Sheriff or Police accompany you to the father's residence and show the birth certifcate that you are the mother, and if he has no court order granting him custody, then law enforcement may ask him to return the child, unless there is some indication you are unfit as a parent.  ... Read More
I would need a lot more information to give an accurate answer to your question.  But if you and the father were never married (and there are no... Read More
You should prepare a Last Will and Testament which can include a designatation a guardian of any minor children in the event of your death.  You can also create a Trust in your Will to address the handling of the inheritance of your minor children. 
You should prepare a Last Will and Testament which can include a designatation a guardian of any minor children in the event of your death.  You... Read More

How Long Does A Parent Have Temporary Custody Of A Child?

Answered 7 years and 11 months ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Sorry to hear what you are going through. If the current custodial parent and the grand parent is behaving such a way you will need to call the cops right away as your life is in danger when they put their hands on you. You should have called the cops and file a police report. If you did that tha you can use it to petition the court for child custody modification. As to your initial question, temporary orders are kind of like long term or at least until the judge can make a final decision on the case. That can be anywhere from 2 months to 2 years. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com... Read More
Sorry to hear what you are going through. If the current custodial parent and the grand parent is behaving such a way you will need to call the cops... Read More

How can I maintain fair custody of my daughter if we break up (unmarried) ?

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Fair custody is not really possible unless you have a really aggressive and competent attorney defending and fighting for fathers right as that is what we specialize in. The court system like you said favors women and many men don't take the time to find the best aggressive lawyers that defend fathers. What do you constitute as fair and equal custody? Contact my office and we can certainly provide you a competent and aggressive attorney for your daughter. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in OK. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in OK.... Read More
Fair custody is not really possible unless you have a really aggressive and competent attorney defending and fighting for fathers right as that is... Read More

Emergency custody name changes length of order

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Sounds like a complex case where they are taking advantage of your situation. Did you appeal the order? Were you working with the attorney? I would need to review the current court order to see how I can get you your kids back. Please email me the court orders if you have at smaattorney@gmail.com also feel free to call me when you have time to discuss the case in details. Contested and complex cases like yours will take a lot of time and become financial burdensome unless you qualify to get a free lawyer from court and they are usually not that good. Anyway we have affordable payment plans if you need. Call me to discuss more in our free consultation.... Read More
Sounds like a complex case where they are taking advantage of your situation. Did you appeal the order? Were you working with the attorney? I would... Read More

Do you have to go to court for temporary guardianship when the parents signed the papers and a waiver?

Answered 9 years and 5 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You either go to court and obtain a legal guardianship, or you have a glorified parental permission slip that a parent can revoke at any time on any whim.
You either go to court and obtain a legal guardianship, or you have a glorified parental permission slip that a parent can revoke at any time on any... Read More

Do you have to go to court for temporary guardianship when the parents willingly signed the papers and a waiver?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you want a valid guardianship, rather than revocable on a whim permission to babysit, yes, court is necessary.
If you want a valid guardianship, rather than revocable on a whim permission to babysit, yes, court is necessary.

Can my mother take my daughter from me?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
First, contact Cleveland County Legal Aid 405.325.3702 and see if they can assist. If not, Contact Legal Aid of Oklahoma and see if they can assist. If neither can, you will need to start making contact to private sector attorneys and see if anyone will work a payment plan with you, In truth, many will not due toy our low income level, but many is not all and it is worth the effort to try.... Read More
First, contact Cleveland County Legal Aid 405.325.3702 and see if they can assist. If not, Contact Legal Aid of Oklahoma and see if they can assist. ... Read More

Can I terminate the non-custodial rights without their signature and or consent?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Oklahoma does not have a right of private termination except for a step-parent adoption.
Oklahoma does not have a right of private termination except for a step-parent adoption.

What do I need to do to complete legal guardianship for our son, and is there such a thing as co-guardianship?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Who do you want to become the guardian(s)? When do you want a guardianship to begin? Is the goal now, while the child is still a minor, or to begin upon his attaining age 18? Will the child, upon becoming an adult, need someone making all decisions on his behalf, or only need protection financially, such as having a representative payee for his financial affairs. Sitting down now with counsel is a good plan, even if there turns out not to be a need to act right away.... Read More
Who do you want to become the guardian(s)? When do you want a guardianship to begin? Is the goal now, while the child is still a minor, or to begin... Read More

Can I take my son back without getting in trouble?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are an unmarried father with no custody order. ?No, you can not just load up the child and go. Unmarried fathers need to establish their rights by court action. Until you do, the child is presumed to be under sole legal custody of the birth mother.
You are an unmarried father with no custody order. ?No, you can not just load up the child and go. Unmarried fathers need to establish their rights... Read More

Can I receive temporary custody of my daughter if grandma doesn't want guardianship anymore?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Was the guardianship established solely or primarily because you were being deployed? If so, and you are no longer deployed, there would seem to be no need to continue the guardianship. However, you are asking about temporary custody, which may suggest there were other reasons for the guardianship. See counsel of your choice for a detailed conversation on your circumstances and the options that are open for your consideration.... Read More
Was the guardianship established solely or primarily because you were being deployed? If so, and you are no longer deployed, there would seem to be... Read More

Can I take my son back without getting in trouble?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are a custodial parent who came to OK for a visit. Your child is a minor. If you are the person with custody, when the visit ends, you go home, with your child. That only changes if a valid court order changes your custody.
You are a custodial parent who came to OK for a visit. Your child is a minor. If you are the person with custody, when the visit ends, you go home,... Read More

What are possible revocations?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Start with seeking a guardianship over the child. Secure counsel for this task.
Start with seeking a guardianship over the child. Secure counsel for this task.

Will the state allow this me to get temporary custody if I am the father and mother is in jail?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you and she are not married, you will need to establish paternity to seek custody of the child. You cant wait for her release, nor do fo you need to do so. DHS is going to be involved if you and she are are not married when the child is born. If you see a theme in these statements, you and she might discuss your future before tge child is born.... Read More
If you and she are not married, you will need to establish paternity to seek custody of the child. You cant wait for her release, nor do fo you need... Read More

If child returns before 18, does parents have to let child back because child has done this over and over?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are responsible for your children until age 18. That responsibility may require some tough love if the child is a danger to himself or others.
You are responsible for your children until age 18. That responsibility may require some tough love if the child is a danger to himself or others.

Can a biological father get full custody of his child if the mother goes to prison?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There is no one answer. Any custody decision will be based on the best interests of the minor child. Is there a spouse to the mother who is the legal father? Is there a paternity decision regarding the bio father? Is the child presently in DHS custody? Is there any form of legal guardianship in place? Is there any issue with the safety and well being of the child being placed with the bio father? Sit down with counsel of your choice.... Read More
There is no one answer. Any custody decision will be based on the best interests of the minor child. Is there a spouse to the mother who is the legal... Read More

What rights, if any, do I have to continue to keep the baby for the year agreed upon?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your home grown agreement is worth the paper it is printed on, but not much more. If you believe the children are better off remaining with you for now, obtain counsel and file an emergency guardianship petition, together with a temporary, or permanent, guardianship petition. Do not use forms off the internet. Hire counsel.... Read More
Your home grown agreement is worth the paper it is printed on, but not much more. If you believe the children are better off remaining with you for... Read More

Is it possible to get his rights taken away since he hasnโ€™t seen him since June 2015?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There is no termination of a father's rights in OK except by court action. It would have to be in the best interest of the child, not the mom or the mom's lover, long term or otherwise, before one can terminate the father's rights Father is now showing he wants to be involved. He s likely to get that opportunity.... Read More
There is no termination of a father's rights in OK except by court action. It would have to be in the best interest of the child, not the mom or the... Read More

If both parents agree, can a notarized paper of the dad signing his rights over hold up in court with my husband wanting to adopt my son?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can start a step-parent adoption. Bio Father can agree or contest. Hire counsel, and get it done properly and without shortcuts. Shortcuts tend to blow up things, and lead to more expense in the long run.
You can start a step-parent adoption. Bio Father can agree or contest. Hire counsel, and get it done properly and without shortcuts. Shortcuts tend... Read More

If the father of my daughter is in jail but we have a court date about custody do I automatically get custody now?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Depends. Doing time or soon to bond out? Serious charge, or something minor? Talk to your counsel. If you do not have counsel, reconsider your status in that regard.
Depends. Doing time or soon to bond out? Serious charge, or something minor? Talk to your counsel. If you do not have counsel, reconsider your status... Read More