I was granted a divorce and child custody was awarded to me in Texas many years ago. My ex-wife took my child, who I have not seen since, and apparently was granted a divorce in Oklahoma that also forced me to pay child support.
So she is trying to enforce child support laws issued in a decree that should not be standing since you can’t just get divorced twice because you didn’t like the outcome of the first one.
What are fathers rights in this situation?
First, I would recommend that you contact a local attorney to advise and represent you in the complicated intricacies of your legal situation, as I can only provide you with general information.
The only way your ex-wife could have obtained a divorce in Oklahoma without your presence or consent is by default and by not advising the court that there was a Texas divorce and custody determination.
She would have had to show the court that you were properly served with the Petition, but that you never entered an appearance or otherwise answered the Petition.
Oklahoma should not have been able to grant a divorce when a Texas divorce was already granted as Oklahoma lacked jurisdiction and there was no marriage to dissolve.
I would suggest filing a Motion to Vacate the Oklahoma decree and attaching to the Motion a certified copy of the Texas decree as an exhibit.
It is always best to confer with an attorney specializing in domestic litigation and providing him or her with all of the documentation and pleadings so an informed decision can be made about the best strategy for reaching your goals.
Cordell & Cordell has mens divorce lawyers located nationwide. To schedule an appointment with Katherine V. Lewis, an Associate Attorney in the Tulsa, Oklahoma office, please contact Cordell & Cordell.