Legal Question in Family Law in Oklahoma
when to file for change of custody when serious behavior issues/ abuse are facto
My husband and I would like to file for full custody of his young daughter.However, we have been told that we don't really have enough strong evidence against the mother to win a court case.The child has several serious behavioral issues.While within our temporary custody we have taken the child to a counselor on a regular bi-weekly basis and have had psychological testing for the child.The test results are disturbing to us, and show that the child indeed has some deep and possibly severe problems,some resulting from her home life with her mother.It is highly recommended that the child continue regular counseling.However the mother refuses and will not continue counseling when the child returns to her.We have other evidence of what we see as neglect/abuse.We have a police report of one-time physical abuse.We are extremely worried about the child.He/she does much better in our home and the mother admits this.The child has expressed a strong desire to live with us.In Oklahoma, at what age are children allowed to choose with whom they may live?At what point will an Oklahoma court agree to take custody from a mother and give it to a father?
1 Answer from Attorneys
Re: when to file for change of custody when serious behavior issues/ abuse are f
Children are not allowed to decide with whom they will live at any age before they become emancipated. However, most judges will consider the wishes of a child old enough to express himself/herself(and most importantly the reasons given by the child) as one of the factors used in making a custody decision.
An Okla court will modify a prior custody order and award custody to a father when the court is persuaded that a change of circumstances has occured since the last order and to do so is in the best interest of the child. I realize that doesn't give you much guidance, but custody cases are very fact specific. You really need to meet with an experienced divorce attorney in your area and review with him/her your specific situation.
An alternative to pursuing custody at this time would be to seek a court order requiring ongoing therapy for the child. If mother's home is not the best place for the child, the therapist may be able to support your claim. Worst case scenario, the child gets needed therapy.
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