Fathers Rights To His Children After Being Served With Divorce Papers

advice on divorceQuestion:

What are a fathers rights to his children after divorce papers are filed?

The night I was served with divorce papers, my wife and I both wanted to take the kids and stay overnight somewhere else.

We couldn’t agree and she eventually called the police. The cops told me that in such a dispute that the kids go with the mother. Is this correct?

I’ve honestly never heard of a such blatant, biased law against fathers rights?


This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce.

There is no law where I practice that states the children go with the mother. When deciding issues of child custody and visitation, the law states that the court must make a finding as to what is in the best interests of the children.

It is likely that the police officer was either wrong or simply trying to keep you and your wife from fighting about it in front of the children.

Regardless, I would strongly recommend your son seek the assistance of a fathers rights attorney as soon as possible so that you can protect your rights as father with regard to protection your children and your assets.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.

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2 comments on “Fathers Rights To His Children After Being Served With Divorce Papers

    Similar experience
    This exact thing happened to me in WA state. The police gave my daughters to my wife and threatened to arrest me if I didn’t comply. Then she kept my daughters from me for three weeks until we finally had a hearing and the judge gave us temporary orders.

    The fact that she took the girls and kept them from me had no bearing whatsoever on the hearing for temporary orders. These actions can’t possibly be in the best interest of the child, and if I had done the same my attorney said it would look bad for me. For example, I could have taken the girls from child care and kept them from my wife. But according to my attorney, she would have used that against me in the hearing. There is a clear double standard.

    It Seems To Depend On Each Parent’s Actions And Enforceable Orders
    It seems in most cases it is the person who abducts the child first that gets to keep the child during the custody dispute. I believe this must be changed because it rewards the parent that hides the child from the other parent. This also leads to other health problems for the child including PAS and other alienation problems. If you are a parent, good parents seem to be those that share the child with the other parent often and help the other parent spend time easily with the child. Children that seem to be more healthy have parents that let the child experience both parents during a divorce or any other type of seperation. It is the parents that hide, abduct, and alienate children that are harming and abusing them.

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