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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18361
Experience:  B.A.; M.B.A.; J.D.
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I was divorced in Oklahoma in 2011. I agreed to shared custody

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I was divorced in Oklahoma in 2011. I agreed to shared custody of our son. It was for seven days on seven off. At the time I agreed to this because my then attorney said since one of the witnesses that was on my exhusbands side was also a client of his
and would be a conflict. So he said if I didnt agree to this custody arrangement he would unfortunately have to have me get another attorney if I wanted to fight this. At that time I wasnt in the position to get another attorney. So I agreed to the visitation
of seven on seven off. This arrangement was very hard on our then 2 year son so we reconciled and we moved to California to be with my family. My ex and I lived together in CA. for over a year had some problems and split up. My ex moved back to OK but our
son and I stayed and have now resided in CA. for almost 2 yrs. I petitioned CA. court to have jurisdiction changed from OK to Calif. but CA. court said it was to be decided by OK. This does not make sense to me why OK. can keep jurisdiction since the child
has significant ties, etc. to CA. My ex has now filed in OK. to have the original custody order changed and is asking for full custody and I have already been served with paper stating that the court date will be in July in Oklahoma. Please advise me what
I should do at this point. My attorney in CA. throughout the proceedings would not answer my questions and was very evasive and on our last court date did not even show up because she was in jail. I found out that she was having some severe trouble with the
law and was dealing with the CA. bar association for "Moral turpitude" so needless to say Im confused as to what my next step should be.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.
I am sorry to read about your difficulties:
I was divorced in Oklahoma in 2011. I agreed to shared custody of our son. It was for seven days on seven off. At the time I agreed to this because my then attorney said since one of the witnesses that was on my exhusbands side was also a client of his
and would be a conflict. So he said if I didnt agree to this custody arrangement he would unfortunately have to have me get another attorney if I wanted to fight this. At that time I wasnt in the position to get another attorney. So I agreed to the visitation
of seven on seven off. This arrangement was very hard on our then 2 year son so we reconciled and we moved to California to be with my family. My ex and I lived together in CA. for over a year had some problems and split up. My ex moved back to OK but our
son and I stayed and have now resided in CA. for almost 2 yrs. I petitioned CA. court to have jurisdiction changed from OK to Calif. but CA. court said it was to be decided by OK. This does not make sense to me why OK. can keep jurisdiction since the child
has significant ties, etc. to CA. My ex has now filed in OK. to have the original custody order changed and is asking for full custody and I have already been served with paper stating that the court date will be in July in Oklahoma.

Response: Unfortunately, Oklahoma has jurisdiction of the case eventhough the child no longer live in Oklahoma because the father is still in Oklahoma where the original Order was issued. Oklahoma is still considered the child’s home state. Pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”), modification of custody order must be done in the home state of the child. Eventhough the child has left the state, Oklahoma still has continuing jurisdiction of the case because the father still lives in Oklahoma, regrettably. See Oklahoma Statutes Title 43 Section 551-202:
http://www.lrcvaw.org/laws/okuccjea.pdf
You may need to consider retaining an Oklahoma divorce Attorney to assist you with the case. You can use the following sites to find local Attorneys:
http://www.lawyers.com
http://www.justia.com
Please advise me what
I should do at this point. My attorney in CA. throughout the proceedings would not answer my questions and was very evasive and on our last court date did not even show up because she was in jail. I found out that she was having some severe trouble with the
law and was dealing with the CA. bar association for "Moral turpitude" so needless to say Im confused as to what my next step should be.

Response: You need to file a response opposing the father’s request for custody and ask the Court to award you sole custody since you have been living with the child in California. The child should not be uprooted from his surroundings to appease the father. In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the child would be better off living with you, the Court would rule in your favor and give you sole custody of the child. Otherwise, custody may award custody to the father or live custody status quo. So, it is very important that you tell the Court any and all reasons why sole custody should be given to you; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.
If you need clarification, kindly use “CONTINUE” or “REPLY” button. To reach me again for a totally new question, please start a different thread with “For PhillipsEsq.” Thank you for your cooperation.
Customer: replied 3 years ago.
In what state do I file the response? After reading the OKUCCJEA seems to me Oklahoma has lost its continuing jurisdiction due to the fact that all significant evidence to the childs care and witnesses to the fact reside here in California. My exhusband moved us out here to CA but he decided he wanted to move back to Oklahoma. He was not a left behind parent as stated in the UCCJEA. So I still dont know how to proceed further.
In what state do I file the response?
Response: Oklahoma, where your ex-husband filed modification of custody.
After reading the OKUCCJEA seems to me Oklahoma has lost its continuing jurisdiction due to the fact that all significant evidence to the childs care and witnesses to the fact reside here in California. My exhusband moved us out here to CA but he decided he wanted to move back to Oklahoma. He was not a left behind parent as stated in the UCCJEA. So I still dont know how to proceed further.
Response 2: He is still in Oklahoma. That's what is relevant. More importantly, California has refused to exercise jurisdiction over the case. So, the case must now be heard in Oklahoma. As stated previously in my initial response to you, you need to file a response to your ex-husband's application for sole custody. You can retain a local Oklahoma divorce Attorney to do so or do it on your own.
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