Legal Question in Family Law in Oklahoma
abandonment of children, left in custody of father
If a housewife with two children, ages 9 and 1, had an affair and left the home to live with the new partner,leaving the children with the father, in their original home, Does the father have a good chance of retaining custody of the children? Is this a clear case of abandonment and adultry? Should the children be exposed, during visitation, to the new ''live-in'' situation so soon after the departure of the wife? Having been a housewife, the wife has no money,no job,no car and has asked for welfare assistance and is living in poor living conditions with another family and her new boyfriend. What should the father do to protect the children from further emotional harm and insure that he is able to retain the custody of the children? Please note that the mother is so enthralled with the new boyfriend, that she neglected to celebarate the children's Dec.
birthdays, as well as the Christmas Holiday. Please submit your best advise to a heart broken family. Thank You for your time and help.
1 Answer from Attorneys
Re: abandonment of children, left in custody of father
It is very relevent that the mother has abandoned her child. However that is just one of many factors that will be considered by the court in deciding the issue of custody. It all boils down to what is in the best interest of the child.
The father should immediately consult with his attorney and consider filing for temporary custody with restricted visitation to the mother. Obviously, a number of other issues should also be discussed and dealt with his attorney.
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