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Attorney & Mediator
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Category: Family Law
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My child is due to be born on apr 8th and the mother ...

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My child is due to be born on apr 8th and the mother is saying i cant see my child but she lives in a 3br house with her parents who are in counseling for their crack addiction and their 2 kids her and her other child who is 2yr old. She has no job or no education and the whole family lives off of Social Security. I am in the military and can support my child is it possible for me to get full custody?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Are you married to the mother?

Customer: replied 8 years ago.
No i am not married to her
Expert:  Attorney & Mediator replied 8 years ago.
Thank you Eric for your question.

In an unmarried situation, the mother is considered to have sole legal custody over the child can make decisions on who can see the child. What you will have to do is petition the court to establish paternity. Once paternity has been established you will have standing to request custody of the child.

In Oklahoma like in every other state, the law prefers a joint custody arrangement as the best interests of the child will be met by having the continued access of both parents. The parent who wants to have sole custody will bear the burden to prove that the other parent is unfit to parent the child or the child will be exposed to an environment that is detrimental to their well-being.

Having no job or education is not a relevant factor in deciding a parenting arrangement that will be accommodating to the child. The counseling for drug addiction can be persuasive, but if there is no current concern of drug abuse, the judge can decide to award joint custody, unless it is clear that the grandparents are still abusing drugs. Any type of environment which will expose the child to a risk of abuse is persuasive in denying a joint custody arrangement, but that risk must be present, not based on past history. I hope I am making sense here.

You can review the OK laws on how custody is determined, so that you can prepare in the link here, starting at section 43-109

Title 43. Marriage and Family (569KB)

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