QUESTION
Could he go get them and file for temporary custody and then full custody or can he go for full custody after he notifies the police?
Asked on Oct 10th, 2013 on Child Custody - Oklahoma
More details to this question:
My fiancé would like to know what he can do. As far as he knows, he has a court ordered restraining order pertaining to his ex wife and children on him. His ex father in law gets a hold of him and tells him that his ex wife had abandoned the children a week ago. The grandparents had gone shopping with his two children and came home and their mother was no longer there, no explanation as to why and will not answer her phone. Apparently this happened after her new man tried to beat his kid that he had with her. There is no court entry or docket that I can find showing there is a restraining order. As far as he knows, the grandparents called the sheriff but were told that there was nothing they could do.
5 ANSWERS
4 Awards
He absolutely needs to visit with an attorney. If there is no protection order, there is nothing stopping him from going to get his children and filing to modify custody, but it is important to go about this the right way so there are no legal repercussions.
Answered on Oct 15th, 2013 at 6:15 AM
Bruce Provda
Certainly he should get custody of his children if their mother has abandoned them. He should contact an attorney right away.
Answered on Oct 14th, 2013 at 12:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He should go and pick up his children if there is no court order preventing him from doing so.
Answered on Oct 14th, 2013 at 10:21 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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He should file for emergency temporary custody and then worry about full custody down the road. From the information provided, there is no reason to notify the police about anything.
Answered on Oct 14th, 2013 at 10:17 AM
He should obtain counsel, seek to resolve the restraining order due to the newly existing circumstances, seek emergency custody as part of a request for full custody.
Answered on Oct 14th, 2013 at 10:03 AM