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Writs of habeas corpus are also used in situations where there is statutory custody, such as in a paternity action. If the child is detained away from the mother, and there's no custody order, then she can seek out a writ of habeas corpus to recover the child and get custody under the statute.

Yes, Oklahoma is a 50/50 custody state. The court will generally order that the child spend equal time with each parent. However, the court will always consider the child's best interests when deciding custody. Therefore, there may be cases where a 50/50 custody arrangement is not in the child's best interests.

The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.

If you're going to represent yourself, and you don't have an attorney, and you know how to draft your own paperwork, then the only cost you really have to pay is going to be the court's filing fee. When we pay those, of course filing fee for a petition for custody or divorce or paternity is $272.14.

Things Tending To Show an Unfit Parent in Oklahoma This might include convictions for violent crimes, drug offenses, or crimes against children. Failure to Provide: If a parent consistently fails to provide for the child's basic needs such as food, clothing, and shelter, their fitness as a parent could be questioned.

To get full custody, you'll need to file a motion before the appropriate Oklahoma family law court requesting full custody. Following the motion, there'll be at least one hearing on the matter. The number of hearings will depend on why you requested full custody and the other parent's response to the motion.