Has Anyone Dealt with Child Custody in Oklahoma?

Ok.....
You have a lawyer.
So....maybe he/she would be the best person to ask for advice.
None of us know anything about you or him and we would all (ALL) give you bad advice since we know NOTHING.

Generally speaking, and I am not a lawyer, don't play one on TV, without a custody agreement it comes down to neither parent can keep the child from the other. I do not know the length of time before it is considered kidnapping.

If you are in the process of working out a custody agreement and child support it is in your best interest to consult an attorney. If you start breaking laws it will harm you and right now he is the only one that a judge would frown on, keep it that way.

welcome to mamapedia!

You need to let your lawyer and police handle it.

If he is NOT returning your son as part of your court ordered custody agreement - you MIGHT be able to call the police and tel them he has kidnapped your son. I don't know. Call your lawyer and let him/her tell you the best way to handle it.

Wait a minute. You have a lawyer and he or she hasn't told you to call the police?

Something's wrong here.

Thanks for the question T.,

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I know of no easy way to get him back. On Oregon, based only on what you've written, you would need a court order that would be served by the county Civil Division. It's possible you would need to have a court hearing.

In the county I live in, the police will not get involved in custody issues. The Civil Division will only get involved if there is a court order.

Since you have an attorney it's best to follow his advice. I'm wondering if you posted this question because you're wanting something that is easier and faster. Your attorney will guide you through the legal process. Child custody is a complex issue. For most, going to court requires the help of an attorney.

I'm guessing that you don't have a legal document that says you are the primary parent with custody or outlining child support. Without having been to court and have a custody, parenting time, child support order, I suggest you will need to do that now. If paternity has not been formally established, he is the presumptive father and has as much legal right to have the boy as you do. Whose name is or is not on the birth certificate does not establish paternity.

If your son's father claims he's the father, you will need to get DNA testing to determine he's not the father. Determining if he is or is not the biological father is a place to start. You know he's the father. DNA testing won't help you. Again , if there is no court order, he has as much legal right to keep his son as you do.

Determining custody takes time. There is no quick or easy way to regain custody unless you're able to be nice and gain his cooperation. It may be too late for that now.

I would start by agreeing he is the father. If you contest that, you will lengthening the time to resolve this issue.

what does your lawyer say?
have you called the cops?
khairete
S.

Let your lawyer handle it. Whatever happens, your lawyer can make sure that everything is done legally, so that you don't end up doing anything that could get you in trouble.

I would speak with your lawyer. I'm not one, but I would think if he has not been established as the father, is not on the birth certificate, then he has no claim to the child at this point.

It depends on your city if the police will get involved or not. My husband and his ex's court papers said she got their daughter every weekend but she NEVER took her, only about every 6 weeks, for 5 years after the divorce. But when she found out we were dating, she called the cops and had it enforced. Called them on a Saturday and said he was "refusing" to return her when we didn't even know what was going on. She showed them the divorce decree, they called my husband on his cell and said she was at the police station and he had 2 minutes to get their daughter over there. So yes, they will get involved but it depends on what your court order says and your city/county.

If you have a lawyer then they should be advising you. It's likely you have to file with the courts for paternity and custody. It sounds like you don't have anything in place. That will likely take months depending on how many cases they have active. When we filed, the hearings were anywhere from 2-6 months later. Good luck.

I think some people are miss understanding what I am saying. I have a lawyer who is working on my case and yes I have asked the police to get involved and they say its a civil matter. I don't see how a man with a history of domestic violence and who has shot me can have my son...I dont mind sharing custody but is not right he can keep him from me when I am the one who's been providing for him.

Police and attorney

Call the police and tell them someone has your son. If you have his birth certificate and this guy isn't on it they will forcibly remove your son from his home. If his name is on the birth certificate you need to go to an attorney.

In Oklahoma the judges are giving the dads more custody than ever before. If you don't have a good job then get one. If you don't have your own place and pay the bills, get one. If you don't have enough money to support your son and yourself without any help from this guy then you need to go to school and get a higher income coming in.

They will give him custody and make you pay child support. It has happened to more than one of my friends that were stay at home moms. One went out and got a job but lost the custody hearing because she stayed in the family home and it, with the bills and other expenses, were very much out of her income level. You can't make a $1200 house payment and $600 on utilities and a car payment with full coverage insurance then buy food and clothing and provide a life for a child on minimum wage.

The judges in Oklahoma will give the child to the parent who meets their child's needs.

If you have all those things in order then you can go to court today and ask the judge to grant you temporary custody of your child until a later court date.

It doesn't matter anymore if the dad is not on the birth certificate or not on any records at all. If he's the dad he has 100% as much right to his own children as you do. Just because you carried that child inside you gives you no more rights than he has.

So you have to present the better case. It cannot be "he's mean" "he's not a good dad" "I want MY kid". It has to be "I can provide XXXX and CCCCC and LLLL for my child and am able to EEEEEE and OOOOOO and make enough $$$$$ to provide this child's needs. I am asking for child support because we should both contribute to our child's care but I can provide for my child".