Legal Question in Family Law in Oklahoma
Possession
I live in Missouri at this time. My ex girlfriend and I have a son that she has kept from me for a year now. I would like to know if she were to allow me to have him if I could bring him back to Missouri? If I were to do this since no papers have been filed and no one has custody could she press charges for kid napping since I am the father of the child? I plan on filing in the court of Missouri custody papers for full custody of the child, but I would like to see and have my son. If I could get an answer to this question or maybe some advice, anything would be helpful. Thank you.
1 Answer from Attorneys
Re: Possession
You need something more than just her say-so. The paternity/custody battle has to be fought in the "home state of the child" which is where the child has been for the past 6 months. If you have the child in MO for 6 months and then file, you should be OK there, but you do need to talk to a local Atty there to make sure you get it right.