Legal Question in Family Law in Oklahoma
custody
my sons mom is seperated from her husband and is living in another town. she has been leaving my son with the step father for days while she is in another town. what to know what my rights are and what i should do. I live 15 miles from the town where he attends and have offered to take him for the week i am off of work (7 days on 7 days off). so that he does not have to go there. but she keeps doing it.
1 Answer from Attorneys
Re: custody
I presume you have joint custody and it was spelled out in the divorce decree. That being the case, the best and easiest method is for you to work it out with your ex-wife directly, one on one. Otherwise, to legally press the issue you could request the court modify the decree in regards to custody. To do so you'll need to make a legal argument and convince the court there has been:
1) a permanent, substantial and material change in circumstances; 2) the change in circumstances must adversely affect the best interests of the child; and 3) the temporal, moral and mental welfare of the child would be better off if custody is changed to the other parent as requested.