Legal Question in Family Law in Oklahoma

How do i file to transfer my case to Missouri, to fight for full custody.

My x-husband lives in oklah. I now live in Missouri I do have a united way legal services atterny but he doesnt seem to be much help he wants me to go with joint custody but my x-husband will not sighn the papers he keeps making excuses the case has been to court 3 times if not more and i have yet to see or talk to a judge my atterny and my-x have my-x wont keep a stable home or medical on the child he droped him off with me 3 weeks ago and has not called it is very hard to get ahold of him and he refuses to prvide addresses of where he is staying when i do have my son the ongoing and prolonging of this case i believe is takeing a toll on my son.


Asked on 3/21/02, 2:55 am

2 Answers from Attorneys

Hunt John Urgentlegalcare.com

Re: How do i file to transfer my case to Missouri, to fight for full custody.

Thank you for your question. The case cannot simply be transferred to Missouri. In fact I think it is unlikely at this point that a Missouri court would find that it had the power to hear the case. There are uniform child custody jurisdictions laws which help determine which is the proper court to hear a custody matter in circumstances where the parents are in different states at the time a custody issue arises. There is already a case pending in Oklahoma to determine custody in which you have appeared through your attorney. You need to speak with your attorney about your desire to seek full custody. Since you have an attorney, I cannot offer you advice on your case. If you are dissatisfied with the attorney, your should first discuss this with him. There are many reasons particularly in divorce cases which cause them to be continued time and again. I sounds to me as though your attorney is not the reason this case has not been completed. Discuss with him ways that he plans to prevent further delays and continuances.

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Answered on 3/21/02, 6:37 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: How do i file to transfer my case to Missouri, to fight for full custody.

As is so often the case, your question does not state enough detail for an attorney to provide competent legal advice. Your question forces the reader to assume that a lawsuit has been filed in Oklahoma, possibly seeking a divorce and possibly already involving Court Orders regarding custody, visitation and so forth. The reader must assume that you moved to Missouri leaving physical custody of your son with your husband. Your reader must also assume that you were served with legal process, entered your appearance, or had an attorney enter an appearance for you, any one of which probably submitted you to personal jurisdiction in the Oklahoma court.If these assumptions are correct you seem to have placed yourself in a very unsatisfactory situation.If you are in need of a consultation with a Missouri attorney, I may be willing to meet with you to discuss possible solutions. I would require a modest payment for the time I would spend on the consultation. There would certainly be no guarantee that there is any practical way to obtain the legal results you desire, but it may be worth looking into. My number is 314-727-2822.

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Answered on 3/21/02, 7:29 pm


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