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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27181
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Have joint custody of 17 year old daughter. Mother died June

Customer Question

Have joint custody of 17 year old daughter. Mother died June 17th in car accident. They were living in Washington I live in Texas divorce and joint custody awarded in Oklahoma. The ex step father has taken her to Kansas instead of sending her hee.
JA: Has anything been filed in court yet?
Customer: here
JA: Have you talked to a lawyer yet?
Customer: in Washington. But they are no longer in Washington
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Customer: I found out via social media they movied
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern and am sorry for the loss. Have you been able to contact him and demand her return?

Customer: replied 1 year ago.
Contact. He wont send daughter back because she wants to take care of him. I have talked to my daughter several times she feels like she needs to stay because he doesn't have anyone else.
Customer: replied 1 year ago.
But she needs to finish school and get ready for college.
Customer: replied 1 year ago.
She was going to move here a few months ago. But she had changed her mind so many times in the past that I told her to stay put and finish school with her mom. Now that her mom has died really no place to swap back and forth to.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. The step father has no legal right or custody to the child. With the passing of the mother, you are the sole guardian of her and can demand that she live with you. Even at 17, she still can not have the final say in where she wants to live and who she wants to live with. If he refuses to require/demand that she leave and live with you, you can try and get the police involved or may have to proceed through the court and get the custody order modified. This way, she will live with you until she reaches the age of 18.

Customer: replied 1 year ago.
Will the petition need to be filed iin Oklahoma or Kansas?
Expert:  FamilyAnswer replied 1 year ago.

If he just took her to Kansas, the court would not be able to hear the matter since that is not her home State. Had they stayed in Washington, it could have been done there but at this time, Oklahoma could hear it

Customer: replied 1 year ago.
What paperwork would I need to file in Oklahoma to take to Kansas to pick her up and law enforcement would see that its a done deal.
Expert:  FamilyAnswer replied 1 year ago.

You can try now and contact law enforcement where they are at and report the situation. If they will not get involved, then it would need to be an emergency order filed to modify custody and get sole custody, as a result of the passing of the mother. Once this is signed and ordered by the Judge, he would need to turn her over. The other thing right now, is that if there is joint custody and your time for the child is now, he must turn her over or would be in violation of the order and could be charged with kidnapping.

Customer: replied 1 year ago.
What does an emergency order request look like or that I can copy from to have filed with the court?
Expert:  FamilyAnswer replied 1 year ago.

You can contact the clerk of court, in the county where you file and speak with them in the family division and see if they have the form or can direct you online, where to obtain it, to file. The purpose is to show the Judge there is an emergency. In this case, the step father has the child without and legal right and refuses to return her.

Expert:  FamilyAnswer replied 1 year ago.

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Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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