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Questions Answered by Pete David Louden
1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have proof of abuse with videos, but I can’t get them admitted into evidence. What can I do?

My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.

Pete David Louden
Pete David Louden
answered on Sep 18, 2023

The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.

Best of luck!

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: I have a friend that has a baby mama that is withholding him from seeing his child though he has custody is that legal?

There is no court order for this and they are trying to bribe him with 5k to sign his rights over even though he wants to see his son is this legal

Pete David Louden
Pete David Louden
answered on Aug 16, 2023

If he has custody and the other parent is withholding the child, he needs to quickly take legal action to enforce the court order. The court can only help him if he is takes the proper steps to bring this matter to court.

Best of luck!

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1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Marriage in 2006, have not lived or been together since 07-08, my children aren't his, do they need mentioned in papers?

I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and... View More

Pete David Louden
Pete David Louden
answered on Aug 12, 2023

If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly.... View More

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Why would a lawyer tell you to not take a new job while going through a divorce with a child and both parents have a job

Just trying to get a better paying job

Pete David Louden
Pete David Louden
answered on Aug 3, 2023

The only reason I can think of might be to minimize exposure for child support or possibly support alimony. With that said, I would go to the source and ask the attorney who made that suggestion to explain their strategy and then you will know for sure.

I wish you the best of luck with...
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1 Answer | Asked in Estate Planning and Family Law for Oklahoma on
Q: Do lawyers have a mandatory duty to tell another lawyer he's getting ready to be sued if he doesn't do something the

complaining party wants done?

Pete David Louden
Pete David Louden
answered on Jun 29, 2023

Context and details are always critical, so I think an attorney would need to first know the specific situation you are referring to in order to know whether or not there might be a duty to do, or not do something.

If you have a specific situation, contact an attorney directly (don't...
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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do I file a contempt claim against my ex husband who hasn't followed thru with his part of our divorce settlement?

I don't have the $ to pay my lawyer to move forward with enforcing the decree settlement how do i do that by myself with out representation?

Pete David Louden
Pete David Louden
answered on Jun 7, 2023

I have outlined below a few basic things to get you pointed in the right direction.

1. A good place to start would be to go to your local law library. Study the statutes related to the issues in your case.

2. Make sure you understand the rules of evidence.  This will govern what...
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1 Answer | Asked in Family Law for Oklahoma on
Q: hello i just need a professional opinion on a question real quick, so im going through a guardianship case and when our

children were placed in the care of my girlfriends sister and brother in law my girlfriend and i had the same criminal lawyer but he stood in for both sides in our child case so was with us and against us? is that a conflict of interest which should result in a reversal of guardianship

Pete David Louden
Pete David Louden
answered on Jun 2, 2023

An attorney would have filed an appearance for either the Guardian or the parents. There will be a copy of the Entry of Appearance in the court file.

To terminate a guardianship, it can either be terminated by agreement, or if the parties don't agree, if the parents can prove the...
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1 Answer | Asked in Divorce for Oklahoma on
Q: How can i get a motion to serve by publication. For divorce in oklahoma?

I do not know of his location or phone number. He walk out a year ago. Havent spoken or seen him sunce. I fiked for divorce. All i need is this form.

Pete David Louden
Pete David Louden
answered on May 31, 2023

It's not a form, it's a procedure that will need to be followed to give notice by publication, and it must be approved by the court. Schedule a consultation with a family law attorney in your local area and they will be able to help you.

I wish you the best of luck with your case.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I'm in Oklahoma. My wife just filed for divorce and I would like to know if she can serve me with divorce papers?

She gave me papers about a Temporary Order and a court date hearing. At this point, I'm unable to afford representation in my behalf. How do I respond to the papers handed to me? Do I go to the court hearing date? What is the procedure and process to that?

Pete David Louden
Pete David Louden
answered on Feb 20, 2023

Unless you waive formal service, her handing you the documents is not proper service. With that said, now that you know she has filed take the documents she gave you to an experienced family law attorney so that they can prepare a response and begin preparing your case for hearing.

Best of luck!

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1 Answer | Asked in Personal Injury for Oklahoma on
Q: Is it child abuse when your child was in a wreck without seat belts on and not in a booster with their mother

My youngest son hit the back of front seat and bloody his nose

Pete David Louden
Pete David Louden
answered on Jan 10, 2023

The specific details always matter such as the age of the child, size of the child, and exactly how this happened.

If the child was required to be in a booster seat and the parent simply failed to put the child in the seat, that's going to be one thing.

If a parent secures...
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1 Answer | Asked in Family Law for Oklahoma on
Q: DOES CPS NEED PROOF AS TO WHY THEY REMOVED MY CHILD FROM OUR HOME? IS IT LEGAL TO USE MY CRIMINAL CASE AS A REASON?

My daughter has a criminal case pending. She has some mental health issues also an she was Inpatient in a behaviorial health facility for about 6 months. After being released we went to court where the judge placed her with a relative an had us go thru tribal courts to get legal guardianship. Which... View More

Pete David Louden
Pete David Louden
answered on Dec 23, 2022

Depending on the nature of the crime, criminal charges can be a very important factor. If children were removed from the home and you are not sure why, consult with an attorney in private and the attorney can review your case and help you identify the problem.

Best of luck!

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Pete David Louden
Pete David Louden
answered on Dec 22, 2022

Yes, any family law attorney in your part of the state can help her. Take a copy of the protective order and any other court documents to the attorney. Once they review what has been filed they will then be able to tell you exactly what needs to happen next.

Best of luck and happy holidays.

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1 Answer | Asked in Divorce for Oklahoma on
Q: I missed my initial divorce hearing, due to a misunderstanding of the summons. Can I request a new hearing? Which form?

Particularly like to re-visit custody and child support portions of the decree. Any info is greatly appreciated.

Pete David Louden
Pete David Louden
answered on Dec 9, 2022

First thing you should do is take all of your documents to an attorney so they can check the court file and see if either a temporary order or a default decree has been filed. If there has been a default order entered and you catch it quick enough you may be able to seek relief. After sorting out... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: why can't I file my own case? Wanting to file "Petition for Disolution of Marriage" but they won't provide forms (?)

soon-to-be-EX-wife is agreeable, but they say I need a lawyer, which is NOT TRUE. All filings and documents, and FORMS to file said documents are PUBLIC...I, too, am PUBLIC. So why do I run into a brick wall? Why is there no help for me, John Q. PUBLIC?

Pete David Louden
Pete David Louden
answered on Nov 16, 2022

You are correct. There is no requirement to have an attorney represent you in a divorce case in Oklahoma. Any Oklahoma resident who meets the jurisdiction requirements can file their own divorce proceeding. With that said, the court does not provide forms to file for divorce, but you can file your... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Mother moved with son. No notice. Refuses to give address. I'm ther adjudicated father. What are my rights to know?

No PO. She just told me "I don't have to" when I asked for address

Pete David Louden
Pete David Louden
answered on Nov 29, 2023

If you already have a custody and visitation order you can enforce that order. If you don't have one, then it sounds like you need one. Contact directly a family law attorney in your local area and they will review all of the details of your case and explain the steps you need to take going... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Is custodial interference against the law in Oklahoma

My son has full custody of his daughter and the child’s mother either won’t meet him at the court ordered time and location when he is supposed to get her back after visitation with her mom or she has him driving everywhere to pick up child. There’s more to all of this but that’s about what... View More

Pete David Louden
Pete David Louden
answered on Jun 25, 2023

If the court order is clear about visitation exchanges, then it is a matter of enforcement of the order. If the order is not clear about exchanges, then it may need to be modified. Meet with an attorney and after the attorney reviews your case they will be able to explain your options and a plan... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: If my ex wants to file for custody after I won custody 3 years ago will I be served papers

She is saying she filed and has received service papers with a court date but I was never served. I don’t know if she is lying about filing. I have had custody with her having every other weekend and holidays. I receive a little child support from her monthly per court order after our divorce.... View More

Pete David Louden
Pete David Louden
answered on Jun 13, 2023

As easy way to find out if something has been filed is to look at your case on www.oscn.net. If she has filed a Motion to Modify hire an attorney right away.

Best of luck!

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Will a marriage supercede a part in a custody agreement?

For instance, if there is a term that states no living together with your significant other for at least a year, would getting married supercede that?

Pete David Louden
Pete David Louden
answered on Jun 12, 2023

Maybe. Some decrees will cite an exception for marriage, but some don't. It would boil down to to the exact language used in the decree.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do get all detail DHS record becise sueimg them
Pete David Louden
Pete David Louden
answered on Jun 9, 2023

DHS records can be obtained with a court order. The attorney you hire will know the process to get the records.

Best of luck with your case.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: If a victim suspends a protective order for a day to attend a family function should the order be thrown out
Pete David Louden
Pete David Louden
answered on Feb 28, 2023

A victim cannot suspend a VPO. Once ordered, only the court can vacate the order.

Best of luck!

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