QUESTION
How can I get joint custody of my son who resides in another state with his dad?
Asked on Dec 09th, 2014 on Child Custody - Oklahoma
More details to this question:
I'm the non custodial parent. My son lives with his dad in Oklahoma and I live in Texas. I'm supposed to have visitation every other weekend but for the past almost 3 years my ex-husband doesn't allow me to see him, talk to him, or give me an address to send gifts. Our divorce was handled in Alabama and afterwards he moved to Oklahoma. So for the past 2 years, I've been trying to find out what state do I have to contact to fix this and make it to where I can see my son. The divorce was mutual at the time. I let him have primary custody to move back to Texas to get a job and make sure I can financially support my son. For the past almost 3 years, my ex husband's new wife is playing a big part in not allowing me to see my son. I don't know what to do, as I am by myself in Texas with a job but not enough to afford a lawyer.
1 ANSWER
If the child resides in OK over six months, have your proceedings transferred to OK as the home state. (it will most likely happen anyway if you try to pursue things in AL.) If you can not engage counsel, try again once your case is in OK. Not every attorney requires a significant retainer up front. Your counsel, or you, if you do not obtain counsel, can rely on the simplified motion to enforce visitation (if having visitation take place as previously ordered is what you are seeking.) If you are thinking a change in custody altogether, as you have been denied visits for years, starting with establishing visits anew is not a bad start.
Answered on Dec 11th, 2014 at 6:08 AM