(918) 879-1681

    X

    Get Answers Now

    (918) 879-1681

    500 W. 7th St.
    Tulsa, OK 74119
    Tulsa attorney
    Attorney James M. Wirth
    Schedule a Strategy Session Today:

    (918) 879-1681

    OFFICES IN BARTLESVILLE, MUSKOGEE, OKMULGEE, WAGONER, TAHLEQUAH, STILLWATER AND OKLAHOMA CITY

    Can My Wife Leave and Take the Kids?

    James M. Wirth, Esq. James M. Wirth, Esq.

    Can My Wife Leave With the Kids?

    Can my wife leave and take the kids? I am attorney James Worth that’s the question that we have. So presumably we’re talking about a married couple here who’s maybe looking at the potential for divorce. And the question from the husband is, can my wife leave with the kids and take them away?

    If you guys are married in the state of Oklahoma, essentially the law looks at you as having de facto joint custody. Neither one has custody rights that are superior to the others. There’s nothing that prevents one parent from taking the kids somewhere. Nothing prevents the other parent from taking the kids somewhere. And there’s not necessarily a mechanism in place to keep that from happening.

    What to Do if Your Wife Leaves with the Kids

    Okay, so if you have concerns about it ahead of time, then you can file a divorce. When you file a divorce and serve it on the other side, there’s an automatic temporary injunction that goes into place, which essentially says everything needs to be done pursuant to the normal course of business, and you can’t be taking the kids away for any extended period of time beyond what a typical vacation would be.

    But if you haven’t filed for that divorce, then there’s nothing preventing a wife from taking the kids away, in which case if that happens, you wanna file quickly in the jurisdiction that you are in while that court still has jurisdiction. Sometimes we see the other party grab the kids, take them out of state, and they wait too long, Oklahoma loses jurisdiction, the other state gets jurisdiction, and then it’s a problem.

    Take Action Now to Protect Your Rights

    So if you’re dealing with this, though, then it’s an important issue, you’re not just gonna wanna watch a video, you’re gonna wanna talk to a Tulsa family law attorney in private, confidentially, to receive specific legal advice to your circumstances. To get that scheduled with an Tulsa attorney at my office, go online to MakeLawEasy.com or call 918-879-1681 to schedule a low-cost initial strategy session.