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I have 2 children with the same man. One child has my last…

Customer Question
I have 2 children...

I have 2 children with the same man. One child has my last name and he is not on her birth certificate. One child has his last name and he is on the birth certificate. He is threatening to take the children, what do I need to do to ensure I get full custody of both children?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I have not taken any steps. I was told by a lawyer to wait until he serves me with papers

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

Oklahoma

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

Not that I can think if

Submitted: 5 months ago.Category: Family Law
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Answered in 5 minutes by:
3/27/2018
Family Lawyer: Nisha Jones,
 replied 5 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 5 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Family Lawyer: Nisha Jones,
 replied 5 months ago

You'll need to file a Motion for Sole Physical and Legal Custody with your local court.

If you two were not legally married, then the court will move to establish paternity, and then will hear his Response to your petition in regards ***** ***** requests for custody or visitation rights.

When considering custody matters, the court uses the best interest of the child standard.

The factors included under the best interest of the child standard are:

• The wishes of each parent and sometimes the child (depending on the child's age);

• The quality of the relationship between the child and the parents;

• The relationship with grandparents, siblings and or other significant people in the child's life;

• The child's relationship to his or her school, religious institution and community;

• The mental and physical health of all parties;

• Any past, present or possible future spousal or child abuse by either parent;

• Any past or present drug or substance abuse by either parent;

• Any past or present criminal actions by either parent other than minor infractions or less serious crimes that were committed a long time ago with no recent criminal actions;

• Which parent has been involved in the past in getting the child to doctor and dentist appointments;

• Which parent has been involved in the child's schooling, attending parent teacher conferences and going to school functions;

• Which parent is most likely to provide a safe home environment for the child and not engage in activities in the home that can cause health problems for the child. Some judges like to find out who smokes in the home - especially if the child has asthma or allergies. Another safety issue is using a car seat for younger children;

• The willingness of a potential custodial parent to foster a relationship and visitation with the other parent;

• The stability in the child's home life that a parent is able to provide for the child;

• A parent's ability to provide for the material needs of the child;

• The demonstrated ability of each parent to make good decisions regarding the child's welfare. Whether there are siblings or half-siblings with established close relationships (courts tend to keep siblings together.); and,

• A parent's ability to spend time with the child.

The court will consider all of the above factors and ultimately make a ruling in regards ***** *****

You should consider hiring a lawyer to represent you in this process. Your attorney can prepare all of the motions on your behalf, and can appear in court beside you to make all of the necessary legal arguments.

You can contact the Oklahoma State Bar for a referral to a custody lawyer in your area.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Family Lawyer: Nisha Jones,
 replied 5 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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