How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26157
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

My wife and I lived and Oklahoma for almost years. Recently,

Resolved Question:

My wife and I lived and Oklahoma for almost years. Recently, she lost her job, and moved to her hometown in Sioux Falls, South Dakota after finding a job. When our 3 year old son and went up to meet her about three weeks back, she informed me that she wanted a divorce. I left our son with his mother and the rest of the family so that everyone could spend Christmas together on the promise that my wife will bring him down to Oklahoma after Christmas to live with me till such time as the courts decided on his custody. Now my wife and her family are refusing to bring him back, or let me go up there and bring him back to Oklahoma where we live. What are my options?
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Oklahoma is the only place that you can file for divorce right now because your wife and child would have to live in South Dakota for at least 6 months before she could file there.

 

Thus, you need to go ahead and file a petition for divorce and ask the court for a temporary order granting you custody of the child until the divorce is finally decided.

 

Because you're in the state where jurisdiction is proper, the judge is likely to grant you custody because you live in the state and order to mother to return the child back to you.

 

The best way to get things going is to go ahead an consult an attorney about getting this done.

Customer: replied 2 years ago.
So, are you saying that I cannot go to South Dakota to bring my son back without applying for divorce and custody?
Expert:  Roger replied 2 years ago.

Yes, you can. Unless there is a court order restricting your rights to the child, you have as much right to the child as she does. However, the problem with doing this is that you'll be going to their property to get your child. If you come onto their property without their permission, you can be charged with criminal trespassing. If you get there and get into an argument, confrontation, etc., you can be charged with domestic violence.

 

It's not a good idea. You're better off to get a court order and use that to get what you want/

Customer: replied 2 years ago.
any suggestions on organisations/ attorney who I can contact locally for filing for divorce who do this kind of work on a pro-bono basis? Money is tight right now...
Expert:  Roger replied 2 years ago.
Your best source is to contact the Oklahoma Bar Association (www.okbar.org) and ask for help locating a pro bono or legal aid attorney in your area.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26157
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney