Your Ex Will Face Major Repercussions
Video Transcribed: My name is Jason Lile, and I am a Tulsa Dads Rights Attorney. What do you do if your child or other parent disappears with your kids or leaves out of state without your permission?
And the answer to that question is to hire a lawyer. I know that’s the answer I give to many of those questions, but I believe that. It is not a simple thing to get a child back if there’s an existing custody order, or even if there’s not if they leave the state.
You have to potentially file for emergency custody based on the idea that this parent might take this child where you can’t find them anymore. And that’s assuming you know where they are.
In addition to a potential request for emergency custody, you have to ask for what we call a writ of habeas corpus or assistance, which is an order from the court for law enforcement wherever that child might be to go and get that child. Law enforcement is not typically empowered to do that kind of work because they would need a warrant to go into a home without an order from the court.
And a writ is an order from a court to law enforcement. A writ of habeas corpus means go get this person. A writ of assistance means getting this person and bringing it back to the parent. The first one’s to bring it back to the court.
The other complication with writs of habeas corpus or writs of assistance or emergency custody orders is if this child has been taken to another state, now you’re dealing with a sovereign government. Another state wouldn’t have normal jurisdiction over your custody or visitation issues. And just because a county in Oklahoma issues a writ does not mean that that other state has to do that without the proper hoops being jumped through.
So another reason that you need to hire an experienced legal professional is they should know how to deal with the out-of-state, intrastate issue of a writ of habeas corpus or a writ of assistance. So this is a really big deal.
I know it’s very scary if another parent should take your child out of state or hide them away from you. And if you have any questions about it or need help with that, we are always available. When you have any questions or concerns or need a Child Support lawyer For Dads in Tulsa, Oklahoma, or a Child Custody Attorney for Fathers in Tulsa, Oklahoma, contact me at dads.law
