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Question about Oklahoma child custody laws

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posted on Apr, 26 2012 @ 09:44 PM
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Hello.. not sure where to post this. Long story as short as possible--
My 8 year old cousin recently lost his mom due to a heart attack (she was only 41)... he has no father..

So now, my 'sorta' cousin (she is my grandmas first cousin so that makes her like my 2nd or 3rd?) ... whom he and his mom were living with want custody of him...
Now, on the other side is his first-cousin, my sister-- who his mom told "If anything ever happens to me, I want you to take care of him"... (of course this means nothing now since she didn't have a will or anything)

My sister is young- 23- but has a home, and an extra room that would be all his if she got him.

Anyway... I am not asking you to choose sides or anything, what I cannot figure out is the law.. we called one lawyer today and he said that he would go to the closest biological relative: grandma, his aunt, then his cousins...
Then, we called another just to be sure, and he said basically the opposite-- that 'the grandparents have no custody rights" and since he was living with the first lady I mentioned, they would get custody.

(remember this is going by the statte of Oklahoma laws)... does anyone have any information about this? I tried researching it but cannot find any examples like this.

thanks




posted on Apr, 26 2012 @ 10:21 PM
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I know in South Carolina anyone can ask for custody.
Start researching! Tis a rough road ahead my friend.



posted on Apr, 27 2012 @ 08:28 AM
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reply to post by ReadyPower
 


Please do not take this as formal legal advice, as I am not qualified to answer in such capacity, but I can offer some generalized information for you.

The court will be addressing the issue is what is in "the best interest" of the child. The county court in the jurisdiction of the child's current residence will be determining "Guardianship", and of primary concern to them is the welfare of the child. Obviously, the child is enrolled in the school system, and has a home to live in. Normally, that satisfies the conditions of the courts, and custody will be granted to the relative that the child is currently residing with.

Now, I must ask if you or your sister are concerned about the child's welfare. Are the living conditions acceptable? Is the child well taken care of?

If not, then your sister must hire an attorney and apply to the courts for "Guardianship". Your local attorney will know exactly which papers to file, and a court date will be set after filing. This guarantees your sister the right to petition the court for custody, and state why she would be a better parent than the "default" guardian. A case worker will be assigned to her case, and interviews conducted at both households, after which the case worker will report back to the court. The magistrate alone determines what is in the best interest of the child, and if it means removing the child from the current school system, there had better be something substantially wrong and unhealthy for the child where it is currently living. In other words, your sister must provide "dirt" for the courts to examine.

Upon the mother's death, the State of Oklahoma became the "guardian", so don't think that just because the child is living where it is living at is where it will remain. Technically, the state can move the child into foster care, but that is seldom in "the best interest" of the child, so they usually allow the child to remain in it's residence, unless a petitioner steps forward and applies for "guardianship". The county court of residence has the final say in appointment of a "legal guardian".

Again, this is very generalized advice. Please have your sister seek legitimate legal counsel. Best of luck.



posted on Apr, 27 2012 @ 09:03 AM
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They also may have a guardian ad litem come in as an advocate for the child and spend time in both households who wish to have custody in order to speak on behalf of them in court. Their opinion doesn't always seal the deal thought, its ultimately up to the judge. Get a lawyer, now. Even just a consult. Get the best one, if you even consult with a lawyer then the other side cannot retain said law firm because it would be a conflict of interest.



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