Legal Question in Criminal Law in Oklahoma

Hello. Earlier this year, my mother-in-law relenquished custody of my wife's 13 year old daughter, Aubrey. All of my wife's parental rights were reinstated. Since then grandma has caused us much greif. She would come and pick up Aubrey without informing us, talk bad to her about us, and one day when we showed up at grandma's house to mow her lawn, Aubrey was there instead of in school. Well, grandma moved out of state in October, but not before making several refferals to DHS, at the same time pressuring my wife to let her take Aubrey with her. Long story short: Aubrey and her boyfreind started a fire and were summoned to a juvenile intake. Unfortunately my wife wase arrested for unpaid traffic tickets a few days before the intake. I got a babysitter and was planning on taking her, but Aubrey secretly left the house hours before it started. Later that evening the boyfriends mom called and said that Grandma had called her and asked that she give Aubrey a ride to the intake, and that the juvenile services lady told her to take Aubrey to a homeless shelter. The next day I learned from the DHS caseworker that Aubrey was now with Grandma. Turns out the boyfriend's mom took her to the airport. She is now enrolled in school there, which was not authorized by my wife (who was released shortly after Aubrey's departure). To top it of, juvenile services is telling my wife the she is still to show up at the rescheduled intake WITH Aubrey, no exeptions. We don't want to report Aubrey as a runaway. She is in enough trouble already plus, she didn't get herself to the airport or buy the ticket. Also as it turns out, the DHS worker instructed Aubrey to be taken to airport and was involved in the transfering of her school records. My wife has been devistated by this malicious conspiracy. There are many more details of trechery on the part of Grandma, Aubrey and the DHS worker. Sorry so lengthy, but what are we to do? Isn't this child stealing?


Asked on 11/21/09, 11:33 am

1 Answer from Attorneys
Mitty Means Mohanty Means, P.C.

Yes, it is akin to kidnapping, howecver, the child consented to be flown out of state. Your wife and you need to tell DHS the whole truth including the fire, the grandmother's attempts to take the child, all of it.

Look like Aubrey is old enough to make some decisions. If she is 15 years old, she may apply for emancipation. You need to know that it is hard to keep a teenager against her will. But, notice to DHS is the right way to go.

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Answered on 12/01/09, 1:26 pm


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