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Getting Custody in Oklahoma Based On School and Daycare Instability

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  • 12-02-2007, 11:59 PM
    crysann
    Getting Custody in Oklahoma Based On School and Daycare Instability
    Since my divorce my kids have been in 6 different daycares within a 5 mo. period because my ex wife does not pay the bill. She owes about 2 thousand dollars in total to all 6 facilities. I did not know that my kids were even in one of these daycare facilities, I found out later after they had been removed from the facility for lack of payment.
    When we first seperated she lived with her mom for one year, then she and her boyfriend got a place together. I had to take her to court to get her to tell me where my kids were living, she actually refused to tell the courts until her lawyer told her that she would go to jail if she didn't. My ex and her boyfriend (along with my kids) lived together about 6 mo. then she moved back in with her mom.
    After she moved in with her mom my six year old started telling other members of my family that they were going to move into a new big house with "mommies new boyfriend," She had started dating another guy and was planning on moving the kids without my knowledge. My daughter was kept from my family as my ex was afraid that she would give them too much information. I have not technically been notified of any of her moves other than through the "grapevine" of our home town. The Attorney General is not even aware of her current address and they are the ones responisble for handling our child support issues and payments.
    She also has had 4 cars which 3 were repoed and she has been without a car for several months at a time. She has to borrow a car to take the girls to school.
    My oldest child has already missed 10 days of school this year, on any given night of the week I can try to call and locate my girls and they might be 4 different places. SHe spends the night at a different house almost every other night. My youngest child is bounced between family members and is seldom with my ex. My oldest is with her but has been told not to tell me anything, when I do talk to the girls if she starts to tell me where she is my ex takes the phone away and hangs up on me.
    My ex no longer has a number in which i can reach her at, I leave messages to talk to the kids and she never calls me back. I had to have the police department go to her mom's house the other day because I hadn't been able to locate my kids for almost a week.
    My question is weather or not all of this adds up to me being able to get custody of my children. I know that they are not in a stable enviornment and I know that they are not being taken care of properly, I just need to know if I will be able to prove that in court.
    We live in Oklahoma and my ex and my children live in Texas. BTW this is my wife's user name sorry if it caused any confusion. Thanks for any help anyone can provide.
  • 12-03-2007, 09:34 AM
    aaron
    Re: Getting Custody in Oklahoma Based On School and Daycare Instability
    I can't promise what a court will do, and there's a lot more a court looks at when addressing custody, but that type of instability can provide a basis for modification of custody. Are you stating that the divorce and custody order occurred in Oklahoma, or in Texas?
  • 12-03-2007, 09:20 PM
    crysann
    Re: Getting Custody in Oklahoma Based On School and Daycare Instability
    The divorce and custody order occurred in Texas.
  • 12-04-2007, 06:25 AM
    aaron
    Re: Getting Custody in Oklahoma Based On School and Daycare Instability
    The statutes which govern the court's determination of child custody disputes can be read here, Texas Family Code § 153.001 et seq. They're summarized in a friendlier form here.
  • 12-05-2007, 09:58 PM
    crysann
    Re: Getting Custody in Oklahoma Based On School and Daycare Instability
    thank you we will look a little deeper into it. Would you happen to know what is the consequence of not releasing a child to the no custodial parent at the designated time? And what course of action can be taken to guarentee that they are released?
  • 12-06-2007, 06:31 AM
    aaron
    Re: Getting Custody in Oklahoma Based On School and Daycare Instability
    Try seeking enforcement of the order and make-up parenting time through the court which issued the order
  • 12-10-2007, 10:31 PM
    crysann
    Re: Getting Custody in Oklahoma Based On School and Daycare Instability
    Thank you, we will see if she realeases them to us over christmas, she has already stated that she is not going to release them. So we'll see what happens
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