Oklahoma Child Custody Legal Questions

Are you on government assistance, i.e. food stamps, Medicaid? If so, your chances are probably nil. The state won't let the fathers off the hook. If you are working and have a history of being able to provide for yourself and your children, the court may terminate their rights for abandonment, but I would not count on it.... Read More

Usually, you would not have to pay child support but you do have to make a written application to the Judge to modify the child support arrangement. Usually, the support order will continue to be in effect (even if there is a major change in circumstances like the relocation of the child) unless and until it is modified by a subsequent court order. Don't delay in consulting with an attorney and arranging for a motion to be filed.... Read More

File what is known as a motion for order to show cause in re: contempt. This is a motion whereby you can hail the mother into court to "show cause" as to why she should not be penalized by the court for willful noncompliance with the grandchild visitation order. If the court finds that the mother had the ability to comply, but has disobeyed the visitation order intentionally or maliciously, she can be fined or jailed or ordered to take parenting courses, and you can be awarded compensatory time with the grandchildren for the time you were denied. It all depends upon what the court feels is appropriate.... Read More

You have an obligation to pay child support. It has no impact on your custody or visitation rights. If you do not have a court order that gives you custody or visitation rights, you need to get one. She will be able to move within the state, but you will have a set visitation schedule that must be followed and since she chose to move so far away, she may be responsible to provide transportation for your visitation to occur. Your best option is to at least consult with an attorney before you file anything in the court system.... Read More

Most court orders have a provision that each parent is to provide the other with their current address at all times. You need to review your orders to see if this applies. If not, then there is no "law" that says it must be provided, although it is a matter of common sense and refusing to provide it is a red flag. You must follow court orders unless you get them changed. Considering the ages of your children, you should have brought a motion upon their return seeking to suspend visitation until mom proved she had a suitable place for them to exercise visitation. Otherwise mom can come to Arizona to exercise visitation. You can still bring that motion, and if you do, include in it that mom refuses to provide her address so you fear she remains homeless or otherwise without suitable accommodations for the children. The primary custodian has decision making authority over the day to day things what kids wear, what they eat, how they get to where they need to be, etc. If you share legal custody (and you probably do) then mom still has a say in major decisions such as education, medicine, and religion. Having primary custody does not allow you to violate court-ordered visitation terms. You need to ask the court to modify whatever orders no longer work. If you have Nevada orders, but no one remains in Nevada, you need to domesticate your case in Arizona (assuming the children have been there at least 6 months).... Read More

In OK, moving more than 75 miles away from the existing residence, in state or across state lines either one, requires the parties to either reach an agreement or have a hearing before the court to seek approval in advance of the move. This is a statutory process that's been in place for some time.... Read More