Family Law

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I was curious to see what would be needed for an emergency…

Customer Question
I was curious to...

I was curious to see what would be needed for an emergency custody order for a 16 year old.

Lawyer's Assistant: Family law varies by state. What state are you in?

Oklahoma

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I have left messages all day but most are in court or closed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so? But I really have no idea what I’m doing. I’m sorry.

Submitted: 5 months ago.Category: Family Law
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Answered in 29 minutes by:
11/17/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 5 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,355
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Is the child in any immediate danger of injury or harm?

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Customer reply replied 5 months ago
He has complained of a tooth that he lost on October 31st that has become painful. I spoke with his father that night about me taking him to the dentist in case of an infection. His father will not speak to me any further about the matter, such as returning calls or texts. Just has told me “don’t worry about it” which concerns me because if there’s an infection present, it could travel to his brain or cause him to become very ill or hurt surrounding teeth. I have not seen my son since October 31st or I would have just taken him to a dentist or doctor. Again, I don’t know the state of his health because of lack of communication and I know his father hasn’t taken him to the dentist. He’s nearly 17 years old.We are not divorced and nothing has been filed. My husband allows my son to decide when he wants to be here, which is usually when he needs a ride to his girlfriends house.2nd, my son is supposed to be a junior in high school now. But due to poor grades last year, he is still a sophomore. His grades are also borderline failing at this point too. I didn’t have any knowledge to either of these things until yesterday, when I spoke to the school. His grades were never poor, until I left home, over a year ago. I left him with my husband, because I knew that’s where he’d want to be to be happiest, but I obviously feel as if his medical care is being neglected, as well as, adult supervision.Now my son doesn’t wish to speak to me because I have questioned his grades and him being retained a grade.
Family Lawyer: Law Educator, Esq., Lawyer replied 5 months ago

Thank you for your reply.

If you are not divorced yet and if there is no custody agreement in place yet, you are just letting the inmate run the asylum so to speak at this point, then it is time to go to court to file a petition for divorce/separation together with a motion for temporary custody, which can be granted on an emergency basis with you citing lack of medical/dental care and you providing proof that there is no support with his education from the father.

Sounds more like he is living with the father because the father lets him do whatever he wants in keeping with the theme letting him make his own decisions, which he is proving incapable of doing given his school performance.

So, do you have grounds just based on what you said above, yes. Will you need an attorney and have to file for divorce (or at minimum legal separation), yes you will.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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