Family Law Questions? Ask a Family Lawyer Online.
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.
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/