Oklahoma Child Custody Legal Questions

You may have deleted the emails but a computer expert could probably get them back. I would see an attorney. If you are in family court it is difficult to claim litigation abuse, so many people lie all the time - unfortunately. You need to keep the recording out - it was illegally obtained. See an attorney to sort through the issues here. Blackmail is not handled by family court.... Read More

The custodial parent has the right to determine the residence of the child.  If the custodial parent is moving more than 75 miles, she must comply with the requirements of the Relocation Statute (the terms of which are required to be set forth in the custody order.  Also a 9 year old's preference is not likely to be considered by the court because she is too young.  From you question I assume mother has sole custody, which means that unless the mother is moving more than 75 miles, there is probably not much you can do.... Read More

If there is a visitation order in effect you should file a motion to have restrictions or conditions imposed on his visitations to ensure the safety of your child. Generally, if he does not have a valid driver's license he would not be allowed to drive her for visits. His criminal history could be a concern to a judge if the cases are relatively recent, especially drug related offenses which remain open such as his pending drug court case. If you are not comfortable with the existing visitation orders you should seek relief in court rather than denying visits in violation of a court order.... Read More

Normally for a non-parent to obtain custody of a child, it is necessary to prove the parents are affirmatively unfit, which you should be able to do, based upon the history of abandonment.  third party custody is by definition and constitutional law "temporary."  This means the court must state what factors have rendered the parents afffirmatively unfit, and what steps the parents must take to remedy their unfitness.  When they have remedied the deficits, they are entitled to regain custody when it is in the best interests of the child, for example when they have reintroduced themselves into the child's life and the child is comfortable being in their unsupervised care. It will be necessary to serve papers on the parents for the court to enter a custody order.  Accordingly, you will need to find them as part of this process.... Read More

Under Oklahoma law unless there is an adoption or DHS involvement you cannot terminate your parental rights. Beware of the child support issue. If she seeks DHS assistance with child support it may well go back to birth for child support with DHS seeking to enforce it. Do not ignore any dates for court that you might receive or you could lose by default.... Read More

Yes.  Once the child is born, he can bring a paternity action to determine paternity of the child.  If the husband does in fact claim the child as his own and hold it out as such, then your son must bring his action no later than 2 years from the date of birth.  If the husband and wife stay together for two years and he holds the child out as his own, then after two years the statute of limitation bars your son's claim.  If the mother denies your son's paternity your son can demand DNA testing.  He  will most likely have to pay for it, but the court can order the mother to pay him back if the test proves him correct.  The court can also establish custody, visitation and child support as part of the proceeding... Read More

The simplest way would probably be to get guardianship.  Your sister's father, if he is alive, is also required to receive notice of the guardianship proceeding.  If your sister is age 14 or over, she also has the right to nominate her guardian.  If everyone is in agreement with the arrangement an agreed order can be presented to the Court for approval, making the process more simple.... Read More

Who is listed on the birth certificates as father and are there any court orders such as a divorce decree determining the father, whether right of wrong. Time being officially the father can result in not being able to disptue paternity. That said, if DNA results in your boy friend not being the father that can be the end of the question. Why has your boy friend waited so long to think about a DNA test.... Read More

There is no particular "magic" age in which a child can determine his or her visitation schedule. At age 12 a child has right in Oklahoma to consent or not consent to their adoption but that is not applicable to other custody type cases. As a practical matter there does come a time when a judge will take seriously a child's visitation concerns. After all what do you do if a 17 1/2 year old says "I'm not going?:" If visitation is to be changed a motion should be filed with the Court for the Court to decide the visitation schedule. An issue a court is always concerned with when a child says I do not want to visit is whether or not there has been some improper pressure or influence put on the child.... Read More