Legal Question in Family Law in Oklahoma

Getting Kids Back

My two boys have lived with me, here in Texas, their whole lives, until this last December. They went to visit their dad in Oklahoma City, like they have for the last several years, for Christmas. Once, they got there they wanted to stay for the rest of the school year. Because their dad has a fatal illness, I allowed them to stay, under the condition they would return after school got out. When I withdrew them from school I wrote on the withdrawal papers they were going to stay with their dad in Oklahoma City until this summer. When my 14 year old told his dad I was going to go get them when school got out, he told our son that if I did he could have me arrested for kidnapping.

I need to know if this is true, and how can I be prepared in case I have to prove that I have had them their whole life up until this point?

Thanks,


Asked on 5/28/04, 1:04 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Getting Kids Back

I cannot answer your question because you did not provide enough information.

I will, however, try to give some general information. This is only based on TX law -- not OK law! You will need to talk to to an OK lawyer about their laws.

If you did a MODIFICATION through the courts, then those documents control.

If you did not, then the current paperwork controls.

However, if they have been with him for 6 months or more (and it sounds like they have) then he has the right to ask for custody.

The fact they used to live with you versus the fact they have lived with their father for the most recent 6 months, will be decided by a Judge.

Basically, if you did not seek legal advice before you let them live with him, you made a HUGE MISTAKE!

I hope this information is helpful.

Good luck!

Fran Brochstein

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Answered on 5/28/04, 1:45 pm


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