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Child custody
Anonymous8 views3 answers
Three weeks ago my ex took my son and went to michigan.prior to that she lived with me and the baby in Oklahoma for two years.i filed for temporary ordera and custdy to bring the baby back.my question is can she file motion to dismiss the case or something to not come back to Oklahoma.she got served but I find out that she put a protective order on me out of vengeance.Oklahoma had juridication over the baby.what are her legal options to just not come back!? Or simply can she sue back for custdy in Michigan!?thank you for reading this and answering
If you and the child had been living here and she has been served, she will need to respond here or default here.
If she is seeking a protective order there and you have been served, you need counsel there.
Is she filed for it here, you need counsel here.
Shanita Danielle GainesFamily Law AttorneyOklahoma City, OK ·
Both states have residency requirements in order to establish jurisdiction for custody matters. They also have to deal with one another to properly transfer jurisdiction. Thing is, you as the litigants have to tell 'em. If Oklahoma last had jurisdiction, only an emergency will disrupt that, and both parties would still have to argue about it.
You state that the mother is your ex. Were you divorced before? If not, did your attorney file for a dissolution with a temporary order? If so, Oklahoma is the home state of the child and thus has jurisdiction over your case and the child. She will be compelled to come back with the child to Court in the County where you lived 30 days prior to the filing of the petition. Under Oklahoma law, the protective order if filed in Oklahoma will normally be merged with the dissolution case. You apparently have an attorney. Follow his/her advice.
