If you find yourself in a situation where you need to file for divorce and are concerned about child custody while your child is in the custody of the Oklahoma Department of Human Services (DHS), it’s essential to understand how the law affects your case. This article will walk you through what you need to know about your rights and the legal considerations in these situations.
Understanding DHS Custody
First, it’s important to clarify what it means when a child is in DHS custody. This often happens when concerns about a child’s welfare lead to a court placing them under the care of DHS. This can be because of various reasons, including safety concerns at home or the inability of the parents to provide adequate care.
Filing for Divorce While Your Child Is in DHS Custody
When you decide to file for divorce in Oklahoma, you can initiate the process regardless of your child’s custody status. The process involves submitting a petition for divorce in your local county court. You will need to state your grounds for divorce, which in Oklahoma can be based on incompatibility, adultery, abandonment, fraud, or cruelty, among others.
Addressing Child Custody in Divorce Proceedings
Child custody can be a more complex issue. If your child is in DHS custody, you might wonder if you can still file for custody. The answer is yes, you can petition for custody as part of your divorce proceedings, but the court will consider several factors before making a decision. These include:
- The Child’s Best Interests: The court primarily looks at what will best serve the child’s emotional and physical needs. This includes considering the child’s safety, stability, and emotional ties.
- DHS Recommendations: Since your child is under the care of DHS, the agency will likely have a significant say in the custody decision. DHS evaluates the child’s needs and may recommend continuation of their custody if returning to the parent’s home does not serve the child’s best interests.
- Parental Rights: You have the right to argue for your ability to provide a safe and supportive environment for your child. This may require you to show significant changes in your circumstances or improvements in factors that led to DHS custody.
Legal Requirements and Considerations
Several legal provisions in Oklahoma govern these processes:
- Oklahoma Statutes: Provides legal guidelines on child welfare, stating that any child placement outside the home must ensure the child’s moral, emotional, mental, and physical well-being.
- Court’s Authority: While the court can place a child in DHS legal custody, it cannot direct DHS to place the child in a specific home or placement without considering statutory requirements and the child’s best interests.
- Parental Preferences in Placement: If DHS deems it not in the child’s best interests to be placed with the noncustodial parent, other relatives or persons with a kinship relationship may be considered.
Steps to Take When Filing for Custody
If you are filing for custody, here are steps you might consider:
- Consult a Family Law Attorney: A family lawyer can provide advice tailored to your specific situation, helping you understand your legal rights and the best approach to your custody case.
- Prepare to Show Change: You will need to show to the court how your situation has changed since your child was placed in DHS custody. This includes showing that you can provide a stable and safe environment for your child.
- Collaborate with DHS: Working cooperatively with DHS and complying with their requirements can show the court your commitment to your child’s welfare.
Tulsa Custody Lawyers In Your Corner
Filing for divorce and seeking child custody while your child is in DHS custody is undoubtedly challenging, but not impossible. By understanding the law, working closely with Kania Law Office custody lawyers, and demonstrating your ability to care for your child, you can make a compelling case for modifying custody arrangements in your favor. Remember, the court’s primary concern is the welfare of the child, and demonstrating that you can provide a nurturing and safe home is key to influencing their decision. Contact Kania Law Office at (918) 743-2233 or online for guidance tailored to your situation.
Tulsa's Local Legal Custody Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of legal custody attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.