Need information about unwed father's rights

[lonlat]

My son has lived with him for over 6 years in Oklahoma. They have 2 children ages 5 and 3. Both of which he is the legal father of on the birth certificates and has lived with, taken care of, and supported this entire time. Several weeks ago his live in took the girls to Texas to visit and help her sick mother. The agreement was that she would come home this last weekend. Upon arrival there to pick her and the girls up we found out that she has changed her mind and refuses to come home, but will not let my son go. His daughters desparately want to come home. I have read that in Oklahoma even though they are unwed he has the same rights as their parent as she does. By this I mean he has the right to keep them at their house until a court decides otherwise. If someone knows differently please enlighten me. I am wondering if anybody knows about the laws in Texas and his rights there. Serious concerns about her mental stability have arose out of this weekends visit and we are very concerned for the children's welfare. If anyone knows what his rights are in that state please let us know.

[mistoffolees]

>My son has lived with him for over 6 years in Oklahoma. They
>have 2 children ages 5 and 3. Both of which he is the legal
>father of on the birth certificates and has lived with, taken
>care of, and supported this entire time. Several weeks ago his
>live in took the girls to Texas to visit and help her sick
>mother. The agreement was that she would come home this last
>weekend. Upon arrival there to pick her and the girls up we
>found out that she has changed her mind and refuses to come
>home, but will not let my son go. His daughters desparately
>want to come home. I have read that in Oklahoma even though
>they are unwed he has the same rights as their parent as she
>does. By this I mean he has the right to keep them at their
>house until a court decides otherwise. If someone knows
>differently please enlighten me. I am wondering if anybody
>knows about the laws in Texas and his rights there. Serious
>concerns about her mental stability have arose out of this
>weekends visit and we are very concerned for the children's
>welfare. If anyone knows what his rights are in that state
>please let us know.


There are a bunch of articles on this site that may help.

OK is a bit unusual in that it gives a preference to equal parenting time by statute. It would probably be to his advantge to establish custody in OK. Since that's where the kids lived until recently, that is probably the appropriate location.

I would suggest seeing an attorney. He'll probably need to file for custody quickly before she has established residencey in Texas.

[Giggles]

only he took off with no notice at all.

What I had to do was go down to the court and file for Temp. Emergency Custody.  He should be able to this himself.  I also suggest he see a laywer ASAP!! The more time that passes the more "status quo" is established.  Currently OK has jurisdiction until she establishes residency in TX...that usually takes 6 months so he needs to file NOW in OK!!!  He needs to get EMERGENCY Custody established...once he's done that, then she will have to return the children or face parental kidnapping charges!!

He CAN NOT wait on this...time is important!!!