Legal Question in Family Law in Oklahoma

What can my friend do? She has a 4 year old son that she originally filed for custody in July 2009 because her son's dad (who she never married) refused to give the child back after a visit. She was granted temporary custody and the father had visitation and ordered to pay child support (which he never paid). December 2010 she took her son to his dad for visitation and the dad kept the child again and the dad filed a motion to modify February 2011 (after the dad withheld the child twice for lengthy periods of time from visitation to the mother) he was granted temporary joint custody and primary custodian (but he always tries to say I have full custody, there's nothing you can do about it). This is in part because the mother had unstable living arrangements (she was trying to move out of renting a house in Shawnee,ok to Eufula,ok in a house that she owns). The mother has since made stable living arrangements in shawnee, ok to be near her son and to try to regain custody, the father only gives her the standard visitation schedule that's given by the courts, even though the mother and father live with in a mile of each other, when she calls to talk to her son she is denied. All communication about the child is not done between the mother and father but between the mother and dad's girlfriend, every time it is her visitation the dad's girlfriend is the one to pick up and drop off the child. The dad works out of town mon-fri so the child is primarily with the girlfriend. Also the girlfriend harasses the mother constantly texting saying she is the father and saying such things as "your not getting my son this weekend because we are going out of town" or "my girlfriend is enrolling my son in school and you won't know what school he is going to" the mother ends up getting the child but these harassing texts start every wednesday before visitation and some times these texts and phone calls are during the week right after visitation ... In 2011 the mother got no holiday visitations and in 2012 she has had to argue constantly to get the visitation. The father used legal aide to get the temporary orders and the lawyer filed a motion to withdraw (which was granted) but now that the mother can not afford her attorney she can not go to legal aide. The child constantly comes from his dad's house with bruises and scratches and most recently a severe rash that the girlfriend didn't even inform the mother about. While the mother had summer visitation June 1st-June 15th she took her son to the dentist and he had to have 5 cavities filled and took him to the doctor to get him up to date on his shots. The girlfriend has repeatedly said "oh we want to do every other week visitation with you" but then finds every stupid excuse to not make an agreement. Also the girlfriend has a son from her ex and they have every other week visitation but refuse to work any agreement with my friend. What can my friend do to get her son back she can not afford lawyer fees at this time and no one seems to want to work out a payment plan with her, and all this above to me seems not to be in the best interest of the child. Also these have all been temporary orders nothing has been declared a final order. Thank you in advance for any information.


Asked on 7/21/12, 6:29 pm

1 Answer from Attorneys

Shawnnessy Black Murphy & Black

She needs to have the matter set for trial and request a modification of the Temporary Orders.

My office offers payment plans for those who qualify.

Email: [email protected] for more information.

- Shawnnessy Black

405-824-9116

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Answered on 7/21/12, 9:40 pm


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