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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33708
Experience:  Attorney with 15 years experience
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My son is split up with his wife has been for about 6 months

Customer Question

My son is split up with his wife has been for about 6 months no legal seperation . she is trying to leave with daughter for Virginia tonight. Both are from Oklahoma an daughter was born here. They were married in oklahoma.what can I do to stop
Submitted: 2 months ago.
Category: Family Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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As the grandmother, I am afraid that you wouldn't have any legal standing to take action to stop the wife from leaving. And unless your son files for divorce and gets an emergency custody order in place, he can't legally prevent her from leaving either.

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If there is no court order for custody in place, then they both have exactly equal rights to physical custody of the child. That means that whoever has the child in their physical presence has the right to do so and the other parent can't force them to give the child up. So mother can't force father to give her the child if he has her and father can't force mother to give the child to him if she has her. They are exactly equal in their rights.

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But if son files for divorce and then files a motion for custody, he can fix the jurisdiction in OK and the mother would have to return to OK for any court proceedings or she can be charged with felony parental kidnapping.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 2 months ago.
Thank u I'll work with it
Expert:  Barrister replied 2 months ago.

You are very welcome. Glad to help even though the news is kind of lousy.. But if son can get physical possession of the child, this works for him the same way....she can't force him to give the child to her...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

Customer: replied 2 months ago.
Thank you
Expert:  Barrister replied 2 months ago.

Happy to help any time..

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Have a great evening!

Barrister