Jeff Hensley Tulsa Divorce Attorney is joining us from Hensley Legal Services. Good morning Jeff. Morning Corbin. Good to see you sir. Good to see you as well. You have a question about child support, custody, divorce, spousal support, division of assets, father’s rights, paternity, guardianship and grandparent’s rights Hensley Legal Services can help you with all that stuff. Look him up online hensleylegalservices.com. First question is going to come from an e-mail Jeff. It says I wish to remain anonymous but my question is this. My husband was behind on child support but we have been making double payments for better part of the last year.
My husband was rendered unable to work and we read that when he read that was familiar. This one says that I have a legal question for Jeff on child custody. My best friend’s sister had a baby her senior year in high school and when her baby was only a couple of months she started having major health issues and now seven years old has gone through two lung transplants. Tulsa Divorce Attorney. The sister of baby daddy have since broken up but have remained friends until recently the daughter has remained living with the baby daddy because that’s where they lived when they were together and she was born and there are a lot of medical equipment at first. And so when they broke up she remained and she didn’t want to take her out of that home.
They never had a legal custody agreement as they were always very good about working things out with each other. Now the baby daddy has a new girlfriend and she has pushed him to file for full custody and had him take the mother’s name off the list of school to pick her up. Everyone has been pitching to help her get a lawyer but she is scared that with this house with his house being the one she calls home that she will have her rights taken from her completely. Is there any legal action to help her know where to start or what to do? Tulsa Divorce Attorney. Can he take her name off the list to pick her up from school and now he won’t even let her see the daughter by the way this is in Arkansas.
Well talking Oklahoma law at least saying I don’t know about rkansas but in Oklahoma if there’s no order for custody because it sounds like he may have filed something that doesn’t sound like there is yet an order in place. So with that being said no he can’t do that because in Oklahoma and I’ve said this before under title 10 him which is our child statute children’s statute. Mom’s got sole custody. So dad does something about it. So unless he has filed something that is an actual order signed by a judge it says he has custody. Tulsa Divorce Attorney. He doesn’t have a right to do any of that. So I’d be surprised if any school would actually allow it. Our schools here especially in the Tulsa area are really hesitant to do anything without an order simply because their legal teams have gotten onto them about breaches of custody and all sorts of stuff. So with that being said I just don’t know that we may be missing a piece of information.
But if there is an order he can do it without an order. He cannot do it in Oklahoma. She’s got sole custody until Dad does something about it in a court of law. But again there’s still has to be a final order or some sort of order in place giving him custody. Now the fact that she left that there’s a lot wrapped up in this one. Tulsa Divorce Attorney. Yeah the fact that she left the child there. That’s an interesting piece simply because at least when I’ve dealt with these issues judges don’t like the fact when parents leave kids somewhere and go somewhere else. OK.
And so it’s going to make his argument for sole custody a lot stronger now that mom has left the child there and I don’t know if he’s been having visitations or whatever it may be or if the child is just sleeping there at night. Tulsa Divorce Attorney. But it’s one of those things that if you’re going to leave take your kids with you don’t ever just leave them and think I’ll come back and get them. I had a case in Rogers County where mom left to go to Arkansas to find a job for two weeks and then she was going to come back and get the kids and take the kids with them and left. And this is a marriage. Judges over there didn’t like that at all. They said you should have taken the kids with you at that and so it was a huge uphill battle for us to fight to custody.
So I’ll tell anybody if you’re going to leave take your kids with you don’t leave them there. Judges don’t like that that looks bad just for two weeks. Tulsa Divorce Attorney. Yeah I mean it was a nightmare. I mean it’s one of the things that if you’re going to leave take your kids with you. OK that’s that’s really kind of how the judges look at it. So and you’ve said this many times it may be good and dandy now right. But do not not have a court situation in place. Absolutely.
There’s no in the story of people that I know that have a child and they’re like we’re friends and they’re still friends and everything works out and all my friends that have been divorced. I can think of one. It’s a pretty it’s a rarity. I mean people if they can get along great. Fantastic. That’s best for you the best for the kids. Tulsa Divorce Attorney. Man it is a rarity and it’s one of those things that even if like you said even if things are dandy now someone’s gonna get pissed off in the next five to 10 years at some point and they’re gonna pull something so you got to be careful about that. And even if they are on good terms they should understand why you would want to put that in place right. Absolutely. And it just protects both parties.