Legal Question in Family Law in Oklahoma
Child Removed from Custodial Parent
My son was placed in voluntary foster care by custodial parent (mother) because of physical abuse by mother reported to DHS. Daughter was not removed by DHS. I was told I must go to court to modify custody. Do I have any chance of getting custody of both children.
1 Answer from Attorneys
Re: Child Removed from Custodial Parent
Thank you for your question. Your question did not indicate that the custodial parent is doing anything wrong or that might be intrepreted being unfit. You always have a chance to change custody as to the children if there are change of circumstances such as would make it in the child's best interest that custody be changed. If you have a basis and will be pursuing a change as to the son and are wondering whether the court would make a change as to the daughter just so as not to split them up, then the answer to that would depend on too many factors that I cannot go into to them all. The age and preference of the daughter might play a role. Oklahoma statutes now provide that a child 12 years or older can express a preference as to which parent will have custody and the court must heed the preference unless the court finds based upon clear written findings that it would not be in the child's best interst.