Legal Question in Family Law in Oklahoma
child custody
my brother and his girlfriend have recently split. she has mental issues and recently became violent to their 4yr old who is slightly retarded. we don't know where they are. can he get custody since they were never married. he is listed as the father on the birth certificate.
1 Answer from Attorneys
Re: child custody
Your brother may be able to get custody, and may, in the eyes of the court, actually have been married. To try to get custody he will have to effectively file for divorce and make the case for custody (all or part) based on the best interests of the child. If there is evidence of violence toward a child the court should certainly take that into consideration in awarding custody; but the legal process and procedure will have to be followed.