Legal Question in Family Law in Oklahoma
Non-Custodial Parent says his temp custody status overrules established custody
Please help here! I have primary legal and physical custody of my child. My child went for an extended visit out of state (to Georgia) to visit with dad and finish out the rest of the school year. We typed up a notorized agreement stating he will have primary custody (as he usually does during visits) during this time. He was just called to Saudi and signed over Power Attorney of my daughter to his wife without my permission. I just found out she plans to take my child on vacation to two different states. I told her no and that I didnt want her to travel that far without her dad. I asked her to postpone the vacation until her father is home from Saudi. She forwarded the email I sent to her husband and he told me that my child will go on this vacation whether I like it or not. And that now he has primary custody and there is nothing I can do about it. Now the wife is refusing to answer my questions regarding my child and is making communication very difficult. My child is only 7. Am I SOL here or does the original court order from 1994 (from Alaska, but now I reside in Oklahoma) granting me primary legal and physical custody stand firm? I feel so helpless.
1 Answer from Attorneys
Re: Non-Custodial Parent says his temp custody status overrules established cust
Thank you for your question. However, your post is devoid of any information as to why and under what circumstances the "notorized agreement" was made. I feel that an attorney will need to know this as well as reviewing the agreement since it may reflect what was intended by the agreement. Your post suggests that it was meant as temporary. Oklahoma recognizes the right of a parent to relinquish temporary custody to another parent or close relative and the right to retake custody. I am confused however as to why you should be concerned that the wife and now step-mother should not be allowed to take a seven year old on a vacation. Unless you are terminating the "notorized agreement" and intend to retake custody by court order if necessary, the decision would seem to that of the custodial parent, the father.
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