Legal Question in Family Law in Oklahoma

Death of Parent/Custody of child

A boy 11yrs old father passed away. His mother passed away when he was 2yrs old. His father married another woman and she raised the boy with the father for the past 8 yrs. til the father's death. She has legal binding to the child. Other than the father saying she was the only mother he has ever known. After the father suddenly passed away at 30, the grandmother goes to a court and files for legal guardianship of the boy without the stepmothers knowing til after the fact. The other grandmother signs off on it as well having to want nothing to do with the boy and has never been apart of his life. My question is does the step mother who has raised the boy since he was 2 have any way to gain custody of the minor child. Note: I was good friends with the father and know what he wanted for his son. But I'm just a friend no relationship to the family. The boy lives in another town away from his grandmother. She is wanting to take him out of his enviroment that he has been in for the past 7 yrs. and move to a not so good enviroment. He has established friends and family here and I think pulling him out and making this big changes would effect him in so many ways. He has already lost 2 parent's why lose another. PLease advise


Asked on 3/22/06, 11:04 pm

1 Answer from Attorneys

Bob Adcox Bob Adcox, Attorney At Law

Re: Death of Parent/Custody of child

This is a very deep question, in my opinion far more than a few paragraphs on an e-mail can even begin to answer. I would suggest that your friend contact an attorney. There are other important questions such as is the minor child American Indian? and What is the goal of the grandmother is it to truly help the child or is it money related because the child can draw SSI?

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Answered on 3/23/06, 10:11 am


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