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When I left my husband, I moved out of state with our two children for a while because my sister offered us a place to stay. I moved back to Oklahoma because I wanted my kids to see thier father more often, but the move was a spur of the moment decision. Therefore, I let my husband have physical custody while I looked for work and a home. I now have a two bedroom apartment with my boyfriend, and I am working full time as a waitress. However, my husband wants the kids to live with him so they can go to the school he wants them to go to. What are the chances of me having physical custody?
Asked on June 30, 2009 under Family Law, Oklahoma
G. Scott Ray, Esq. / Scott Ray Law Firm
Answered 12 years ago | Contributor
Your question does not say what state your divorce decree was filed nor does it say if jurisdiction has been modified since the divorce. However, in Oklahoma the determination of custody is based on what is in the best interest of the minor child. What is in the best interest is for the judge to decide in a modification proceeding. If you were awarded custody in the divorce decree and it has not been modified, you probably still have legal custody. I would consult with an attorney for definitive answers, however. www.LawtonLawyer.com
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