Legal Question in Family Law in Oklahoma
My daughter's live in boyfriend kicked her and their 7 year old son out after 11 years. She has always been a stay at home mom. He is now saying that he wants their son and, from what I've been able to research on the Internet under Ttile 10, sections 104 and 106 of the Oklahoma Code the unmarried mother has full legal custody and is in full control of minor child. She has no money, no car, no job. She has been actively looking for work and has a home here with me until she can get the child support ordered and know how much money will be ordered for child support. She has already applied for low rent housing but has to wait until there is an opening. She is getting food stamps. We have tried to work this out with him so that he can take his son for weekends but he won't sign papers giving her full physical custody and joint custody. The only stipulation is that neither parent can remove him from the State of Oklahome without written permission from the other parent. He has told my husband, my daughter and myself that he is going to take Camrynn and move back to Houston. He is not a US citizen and we're afraid that he will take off with him to El Salvador. What can we do? I don't have the money for a lawyer and neither does my daughter, can you give us any advice? I am sending you the agreement that I sent to him so that we could get this settled peacefully for my grandson's sake.
We, April Boone and Irving Fernando Amaya, do hereby agree to the following:
Sole physical custody and joint legal custody of said minor child, Camrynn Joseph Amaya, is given to mother, April Boone. Joint legal custody and reasonable visitation is given to Father, Irving Fernando Amaya. Reasonable visitation is as follows: Every other weekend and alternating major holidays. Father will have visitation on Father's Day and his birthday. Parents will agree to share major holidays with one having Christmas Eve and the following Christmas Day to the other parent. With reasonable notice of 48 hours, Father is allowed to arrange Special Occasion visits. Both parents will agree to follow the reasonable visitation schedule. Father will also agree to pay half of all school clothes and school supplies as needed for minor child to attend school and half of any expenses for extracurricular activities. Parents agree they will NOT remove minor child from the state of Oklahoma without written permission from other parent. Father is allowed to call minor child any day between the hours of 9:00 a.m. and 9:00 p.m. daily.
Can you agree to this, Irvin, so we can get this over with? We want you to see your child and have him.
I sent this to him on June 20, 2012 and he won't agree so we have not let him take him without my daughter being present because he has threatened to leave with him.
Please give me any advice you can. Thank you!
Sincerely,
Louawana Henricks
405-485-4233
He has told her that she doesn't stand a chance of keeping her son because she has no money, job or home. Is that true?
1 Answer from Attorneys
I will try to address your issues as simply as I can.
In Oklahoma a biological father and a biological mother are both presumed to be fit parents to have primary physical custody of the minor child.
The agreement you sent to him has no legal authority and the only way your daughter can get legal custody of your grandson is through the court systems.
Is the father legally in the United States?
My office offers payments plans to those who qualify.
For a free consultation call or email my office.
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405-824-9116
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