Legal Question in Family Law in Oklahoma

non custody parent

I live In NY and children (15 & 16) live in OK with their dad. They both want to come live with me as home life there has had many changes over the last month and more to come. Dad is saying no ( never a problem befor)He is going threw alot of stress now and not treating the kids good at all.

He has always had legal custody but they have lived with me alot of the time.

Can I go and get them? Would they be forced to go back?

Thanks,

Annette


Asked on 8/14/01, 4:50 pm

3 Answers from Attorneys
Lisa Bohannan The Bohannan Law Office, P.C.

Re: non custody parent

Custody and visitation can always be modified. If there has there been a significant and material change in circumstances which affects the best interest of the children, then there is an appropriate reason to modify custody. However, you will have to pursue the modification in Oklahoma since Oklahoma has jurisdiction over the children. If you need further information or further assistance feel free to contact me.

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Answered on 8/15/01, 3:27 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: non custody parent

THE STATE COURT THAT ISSUED THE CUSTODY ORDER IS USUALLY THE COURT THAT RETAINS JURISDICTION TO DECIDE WHETHER A CUSTODY CHANGE IS WARRANTED BY THE CIRCUMSTANCES. THUS, IF OK IS THE STATE OF THE ISSUING ORDER, THEN YOU SHOULD PETITION TO CHANGE THE CUSTODY AND RESIDENCE FOR THE CHILDREN IN OK. HOWEVER, IN THE EVENT OF AN EMERGENCY OR A CHANGE OF PLACE OF RESIDENCY TO NY OF THE CHILDREN FOR MORE THAN SIX MONTHS, NY MAY BE THE APPROPRIATE PLACE TO PETITION FOR A CHANGE IN CUSTODY. IN ADDITION, NY AND MANY OTHER STATES ARE REQUIRED TO CONSIDER THE WISHES OF CHILDREN AGE 14 AN OLDER IS THESE TYPES OF MATTERS.

GOOD LUCK

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Answered on 8/15/01, 11:59 pm
Kellie Gasink Kellie Gasink, Esq.

Re: non custody parent

You can't just "get them." But custody can be reorganized. Please call 212.883.1963

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Answered on 8/15/01, 1:38 pm


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