Legal Question in Family Law in Minnesota

Re: Custody

Many more facts are required to answer your question, and for the most part, the question should be addressed to an attorney in Oklahoma.

I presume from the question that the children have lived for some time in Oklahoma, and are still resident there. I further presume that the father has some form of joint custody, or perhaps even had primary physical custody.

In any event, regardless of the reason he left the state of Oklahoma, the court will generally favor the parent who remains with the children and who is responsible for their daily care. In the court's estimation, whether in Minnesota or Oklahoma, being an effective custodial parent generally requires that the parent be in the same state with the children.

If he believes his visitation or parental rights are being unfairly compromised, I would advise him to hire an attorney in Oklahoma and respond to the mother's motion. It is possible that, although he left the state, the mother is not capable of providing suitable care for the children, but without knowing much more about the facts and the procedural history of the case, I cannot reasonably comment on this matter.

Good luck.