Legal Question in Family Law in Oklahoma

Mother arrested twice due to DUI - Father wants child custody

My ex-wife and I were divorced 4 years ago in Oklahoma. She got custody, I pay 1,350 per month, help pay for activities and fly them here to Dallas for visitation. She has filed bankruptcy, had electric, gas, phone and water turned off several times. She now has a new home, car, etc. She lacks self confidence and is into drinking. On several ocassions my kids tell me she drinks while driving. My 14 year old daughter tells her not to and she needs to get help. Needless to say my ex says she is the adult. I have just found out that her license has been suspended due to dui. Also, she was arrested a second time for driving with a suspended license. She has a breathalizer in the car too. Financially she is devasted. Also, she is not spending my child support on the kids. My 12 year old son has one pair of underware. They are with me right now. I am going to try and talk to her regarding me taking custody. However, if I have to fight do I have a chance? Secondly, at the age of 12 they can make their own decision. My daughter feels sorry for her mother and wants to help her. I don't think it is a good environment for the kids. How do courts handle a child's request if over 12. Also, will I have to get an OK attorney


Asked on 5/31/05, 8:01 am

1 Answer from Attorneys

Kurt Kennedy Kurt M. Kennedy,Attorney at Law

Re: Mother arrested twice due to DUI - Father wants child custody

The Courts are charged with determining what is in the best interest of the children. Given what you have described about your ex and assuming you can provide a suitable environment and good parenting, you should be able to present a very good case for a change of custody.

A child never has the right to decide which parent he or she lives with. However, a child's preference must be considered by the Court in determining what is in that child's best interest.

Because the Okla court has continuing jurisdiction, you will need an attorney licensed in Okla if you choose to be represented.

If you wish to discuss this further, please feel free to call.

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Answered on 5/31/05, 8:28 am


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