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Roger, Attorney
Category: Family Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife and I lived and Oklahoma for almost years. Recently,

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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: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 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 5 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 5 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 5 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 5 years ago.
Your best source is to contact the Oklahoma Bar Association ( and ask for help locating a pro bono or legal aid attorney in your area.
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