Questions about changing custody of child in ok if child want to live with non cust

[vertigovintage]

I live in Oklahoma. My stepson who just turned 16 wishes to live with me and his father. He has been residing with us for 3 months, but his mother still has sole custody. She has made it clear that she doesn't want him there either but does not want to give up the child support money. I have typed up a motion to modify and was given some advice on how to write it up by a friend who works in the court clerks office. The question I have is this: On the original child custody agreement(mother has sole custody), the mother is the petitioner and father(my husband) the respondent. I was told that the case number will remain the same so we will have to file the motion to modify child custody with my husband as the respondent because this is how it was wrote up in original agreement even though my husband is the one seeking custody and filing the paperwork. Is this correct or because he is seeking the change in custody should I put him as the petitioner. I am quite confused on this matter. My friend, who is not a lawyer or even paralegal, says parties must remain the same as petitioner and respondent no matter who is filing for the motion. If any one could explain this to me or help in any way it would be greatly appreciated.

 

[Proserpina]

I live in Oklahoma. My stepson who just turned 16 wishes to live with me and his father. He has been residing with us for 3 months, but his mother still has sole custody. She has made it clear that she doesn't want him there either but does not want to give up the child support money. I have typed up a motion to modify and was given some advice on how to write it up by a friend who works in the court clerks office. The question I have is this: On the original child custody agreement(mother has sole custody), the mother is the petitioner and father(my husband) the respondent. I was told that the case number will remain the same so we will have to file the motion to modify child custody with my husband as the respondent because this is how it was wrote up in original agreement even though my husband is the one seeking custody and filing the paperwork. Is this correct or because he is seeking the change in custody should I put him as the petitioner. I am quite confused on this matter. My friend, who is not a lawyer or even paralegal, says parties must remain the same as petitioner and respondent no matter who is filing for the motion. If any one could explain this to me or help in any way it would be greatly appreciated.

Your friend is correct.

 

[Ohiogal]

And quite frankly, OP, YOU should NOT be doing anything. YOU are a legal stranger and are bordering on practicing law without a license. Which is a crime.

 

[kimberlywrites]

Pro, why are you holding back? I'm most disappointed. Don't make me do it. Tell it like it is....

 

[Proserpina]

Pro, why are you holding back? I'm most disappointed. Don't make me do it. Tell it like it is....

Because I'm being a good girl

And OG is right, OP - you're bordering on doing something Very Wrong that could get you into Lots Of Trouble.

Tread carefully.

 

[mistoffolees]

Because I'm being a good girl

And OG is right, OP - you're bordering on doing something Very Wrong that could get you into Lots Of Trouble.

Tread carefully.

Bordering? Looks to me like OP probably crossed the line already.

 

[kimberlywrites]

Even OG has been holding back. I'm rather disappointed. I'm here for Saturday night entertainment (although I'm supposed to be working). I have my beer, and a bowl of popcorn. Get on with it, already.

BTW, I propose a new title for Seniors who have more than 5,000 posts. I'm a senior now, but I know nothing. A) Senior-Wanna-Be B) Senior-In-Training C) Super Senior and D) Senior Senior

 

[Proserpina]

Even OG has been holding back. I'm rather disappointed. I'm here for Saturday night entertainment (although I'm supposed to be working). I have my beer, and a bowl of popcorn. Get on with it, already.

BTW, I propose a new title for Seniors who have more than 5,000 posts. I'm a senior now, but I know nothing. A) Senior-Wanna-Be B) Senior-In-Training C) Super Senior and D) Senior Senior

"Old Git" seems to work well for me.

Or, "Your Highness".

 

[vertigovintage]

Thank you

Thank you very much for your help. I just wanted to double check with someone before I file the paperwork. Thank You!!!

 

[Ohiogal]

Thank you very much for your help. I just wanted to double check with someone before I file the paperwork. Thank You!!!

YOU CANNOT FILE THE PAPERWORK. Are you an attorney? No? Then if you file you would be breaking the law. Hey but if you don't mind being a criminal, not our issue.

 

[jbowman]

YOU CANNOT FILE THE PAPERWORK. Are you an attorney? No? Then if you file you would be breaking the law. Hey but if you don't mind being a criminal, not our issue.

OG, I have a question about this. Is this just an OK thing or everywhere? I filed on behalf of someone that was indisposed. Just took the paperwork right down to the courthouse, had 3 copies, had them stamped, filed and there is was. They accepted it although I was not a party to the matter.

 

[CJane]

OG, I have a question about this. Is this just an OK thing or everywhere? I filed on behalf of someone that was indisposed. Just took the paperwork right down to the courthouse, had 3 copies, had them stamped, filed and there is was. They accepted it although I was not a party to the matter.

Happens here too. As long as the signatures are the correct people and are notarized, they don't care who actually drops the copies off at the court house.

Attorneys don't do it in person 99% of the time - they use couriers - so why couldn't a pro se litigant enjoy the same convenience?

 

[Ohiogal]

OG, I have a question about this. Is this just an OK thing or everywhere? I filed on behalf of someone that was indisposed. Just took the paperwork right down to the courthouse, had 3 copies, had them stamped, filed and there is was. They accepted it although I was not a party to the matter.

She WROTE the paperwork. She prepared legal documents. Not acceptable.

 

[CJane]

She WROTE the paperwork. She prepared legal documents. Not acceptable.

Specifically regarding this post though:

YOU CANNOT FILE THE PAPERWORK. Are you an attorney? No? Then if you file you would be breaking the law. Hey but if you don't mind being a criminal, not our issue.

Are you sure?

This is how OK defines the Practice of Law:
the rendition of services requiring the knowledge and the application of legal principles and technique to serve the interests of another with his consent.

I'm not sure that filling out paperwork and taking it to the court house falls under "requiring the knowledge and application of legal principles".

 

[txmom512]

She WROTE the paperwork. She prepared legal documents. Not acceptable.

But OG, as a paralegal, for 20 years I prepared all kinds of legal documents ALL the time... The last couple years, I used forms & amended them as needed. I answered and objected to discovery.... I prepared Everything - then I took it to the attorney, he or she signed it, then I walked across the street to the courthouse and filed it...

Isn't that the same thing?