Urgent Legal Steps for Reclaiming Custody Rights
My son’s mom suddenly has him living with her father, and now they’re denying me contact. What can I do?
Hi, I’m Tulsa family law attorney James Wirth, and that’s the question we received.
Addressing Immediate Concerns
There’s more to the story. The child reportedly needs kidney treatment, and the mother isn’t authorizing it.
This is a serious situation, and how you respond will depend on a few key facts.
First: Do You Have a Court Order? If you already have a court order that gives you visitation or custody rights — and mom is withholding the child or transferring custody to someone else (like her father) — you may be able to take immediate action, including retrieving your son directly or involving law enforcement.
Determining Your Parental Rights
However, if you don’t have a court order in place, your options depend on your legal status.
Were You Married? Did You Sign an Acknowledgment of Paternity?
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- If you were married when the child was born, Oklahoma assumes joint custody.
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- If you weren’t married, but you signed an Acknowledgment of Paternity, recent changes in Oklahoma law grant you the same rights as a married father—but only if paternity has been legally recognized.
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- If neither of those applies, you’ll need to file a paternity action to establish your parental rights.
Addressing Medical Care Concerns
If your son truly needs urgent medical treatment and mom isn’t authorizing it, you may have grounds to file for emergency custody.
In Oklahoma, emergency custody may be granted if you can show the child is at risk of imminent and irreparable harm, which includes denial of necessary medical care.
Steps to Take Immediately
What Should You Do Right Now?
- Attempt to pick up your child, especially if there’s an existing custody order.
- Call law enforcement if you’re being denied access and have documentation supporting your rights.
- File in court—whether that’s a paternity action, motion to modify custody, or emergency custody petition, depending on your current legal status.
Legal Strategy and Moving Forward
This is a fact-intensive case. Your legal strategy depends on whether rights are already established, whether there’s a court order, and whether medical neglect is occurring.
You need to act quickly, courts will expect you to take steps in your child’s best interest.
Schedule a Strategy Session
So don’t guess. Talk to a Tulsa child custody attorney confidentially, lay out all the facts, and get clear, actionable legal advice tailored to your situation.
To get an appointment scheduled with an attorney at my office, go online to MakeLawEasy.com or call 918-879-1681.
