Legal Question in Family Law in Oklahoma

Return custody to me

I presently live in Dallas but I am planning to move to Oklahoma, my current situation is, in August of 1999, my 2 children were taken by Child Protective Services and placed in foster care. Later they awarded my mother full custody. The case has since been closed. My mother is no longer able to take care of my children partially due to health as well as other reasons. I'm moving to Oklahoma and will have family there to help in any way possible. Neither one of us can afford a lawyer and we both agree the the custody of my children should be returned to me instead of them going back into foster care. What do I need from my mother that would legally return my children to my custody.

Any information you are able to give me as soon as possible will be graciously appreciated. Thank you in advance.


Asked on 5/16/02, 7:34 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Return custody to me

I doubt that anything that your mother could sign would return custody to you since the custody has been determined by the Court. You or your mother will have to initiate a Motion to Modify in order to change the current situation. This will become complex unless you want to devote your time to the study of the intricacies of this procedure. You will most likely need an attorney.

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Answered on 5/17/02, 9:49 am
Hunt John Urgentlegalcare.com

Re: Return custody to me

Thank you for your question. It can be assumed that your parental rights were terminated at the time your mother obtained custody. Custody may still technically be that of the State of Oklahoma rather than your mother. On the other hand she may actually have the custody. If the circumstances which resulted in your rights being terminated have been corrected for a sufficient period of time as to be considered a permanent change, then I would suggest that you and your mother approach DHS with the facts and see what can be worked out.

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Answered on 5/17/02, 5:34 pm


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