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Oklahoma Child Custody Questions & Answers
2 Answers | Asked in Child Custody for Oklahoma on
Q: I want my mother to take custody of me after losing a custody battle around 7 or 8 years ago, what are her chances
Pete David Louden
Pete David Louden
answered on Oct 31, 2021

This would be an issue the parents would need to address.

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I obtain a documents stating I have Sole custody. Our son was born out of wedlock and we never have gone to court

For 9 years I have had custody of my son. I have made all major decisions regarding education and how he is raised. He has lived with me and been financially supported by me since his father has never paid child support nor have we gone to court to establish custody. We were never married or in any... Read more »

Pete David Louden
Pete David Louden
answered on Oct 20, 2021

If you have never been to court, there would not be any court documents stating that you have custody. However, since you were not married, you would be considered the custodial parent by statute. I published a Blog Article that explains custody of children born to parents who are not married.... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts
answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: If the custodial parent has died, do I still owe arrearges? And who do I owe them to?

After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... Read more »

Anna L Self
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Anna L Self
answered on Oct 5, 2021

If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.

If the child is now an adult and...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: How can I continue the divorce when now he doesnt want to participate anymore? It was an agreement.

My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... Read more »

Anna L Self
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Anna L Self
answered on Sep 30, 2021

It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If I registered my boyfriend son in school and I cared for him for 3 months he only comes 2 days every week

Am wondering if he could take him away from me if he leaves for a week

Pete David Louden
Pete David Louden
answered on Sep 23, 2021

It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts
answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

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1 Answer | Asked in Adoption and Child Custody for Oklahoma on
Q: Can my adoption parents give me to another family.

i get thretend and im not loved as much asi would like and i dont get treated right.

Charles Watts
Charles Watts
answered on Sep 15, 2021

Children (minors) cannot just be given away legally, more specifically the parental rights still remain with the parent. There are legal avenues that can be taken.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Oklahoma on
Q: Okay I’m 17 and I’m wanting to date this 20 year old I’ve been talking to I want to know how I can get It legal

Okay he’s 20 And I’m in the dhs system but live with my grandma I want to know if there is anyway I can get consent from the person I’m staying with and a price of paper signed and legalized to state we are allowed to date and get rule and boundary so we don’t get into trouble we are not... Read more »

Pete David Louden
Pete David Louden
answered on Sep 12, 2021

You would have to discuss this with your legal guardian.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is a protective order case the right venue to file an indirect contempt of court?

When emergency protective order was made, the petitioner added special condition that once a week the defendant would receive a phone call from a restricted number to be able to speak with minor child. The petitioner has only called twice in a year.

Pete David Louden
Pete David Louden
answered on Sep 7, 2021

I think your first step is to have an attorney review what you have. If there is no existing custody order, your next step should be to obtain an initial custody determination in the District Court. Then, that order can be enforced. Hire an attorney to help you get this done.

Best of luck.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do I have sole custody of my son since our paternity case was closed due to inactivity and we were never married?

We had a temporary order put into place for a 2-2-3 schedule. After that was put into place my sons father stopped doing anything with the courts and it was recently closed due to inactivity. On OSCN it says count 1 and party as my name where it shows the judge closed the case. He is the one who... Read more »

Charles Watts
Charles Watts
answered on Sep 7, 2021

You should consult with a family law attorney. Most will give a free consult and that may be all you need. However, it may require a little more than the consult in order to determine the relevant information in your case. There is a chance you have sole custody for now but that doesn’t mean it... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Oklahoma on
Q: If a judge granted a protection order knowing venue was in another county 22-60.3(D) is the default judgment void?

a paternity/custody case was pending between two parties when the mother filed for a protective order in another county. At the final hearing the judge set a review hearing con't the emergency order and transferred it to the county with the pending case. The judge there wouldn't hear the... Read more »

Pete David Louden
Pete David Louden
answered on Sep 7, 2021

It appears this question has been asked and answered on this site and others. The answers appear to be consistent. Please refer to previous answers.

Best of luck!

1 Answer | Asked in Child Custody, Family Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Is there is remedy or justice available out there other than Legal Aid for people who have been screwed over

I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.

Anna L Self
PREMIUM
Anna L Self
answered on Sep 1, 2021

Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.

There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...
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1 Answer | Asked in Child Custody for Oklahoma on
Q: If I have filed within the court to terminate guardianship of my minor child has been signed by the judge can i pick up

Juge signed can i pick up my daughter

Anna L Self
PREMIUM
Anna L Self
answered on Aug 27, 2021

You don't say whether there has been a hearing or not. Normally when you file to terminate guardianship there is a court hearing after the Motion to Terminate is filed and notice is given to the party that is the current guardian. However, if the current guardian has signed their approval to... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Judge transfers an emergency protective order to another county then sets a court date for a review is that an error?

At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on Aug 26, 2021

Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so... Read more »

3 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I request supervised visitation for my ex when filing for divorce?

She is mentally I'll, drug abuse, over doses, violent, reckless

Pete David Louden
Pete David Louden
answered on Aug 23, 2021

Just explain the situation and your reasons for the request to your attorney and the attorney will know how to make the request in your pleadings.

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: For a step parent to adopt the child do the step parent an biological parent have to be married?

Even tho the Step parent and biological parent has been together for almost 6 years

Anna L Self
PREMIUM
Anna L Self
answered on Aug 19, 2021

Yes, he/she is not a step parent unless you are married.

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: He can still get custody an visitation even tho he abandoned the child for 6 months?

Son's dad moved to Florida only met my son for ten minutes. Has no bond with him hasn't helped support him an now wants to be involved is that not child abandonment can his rights not be terminated?

Charles Watts
Charles Watts
answered on Aug 19, 2021

Unless there is a court order stating otherwise then it is still his son and he has rights. As far as the second part of your question in terminating his rights - there are two ways to terminate a parents rights and both require the role to be filled by another. 1) is a step parent adoption, or 2)... Read more »

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1 Answer | Asked in Child Custody for Oklahoma on
Q: Can a father be absent for 6 months has no bond with child an hasn't supported child get rights still?

Sons dad met him one time for ten minutes right after he was born. He moved to Florida an hasn't seen him since. He's now 7 months old an the dad is demanding that my son goes to Florida in March with out me an wants his social. An sent 50$ through cash app today for child support an has... Read more »

Pete David Louden
Pete David Louden
answered on Aug 19, 2021

Yes, the father can file a Paternity action and request the court to enter a custody, visitation, and child support order. The court will award custody and visitation based on what the court determines to be in the best interest of the child. Child support will be based off the gross income of both... Read more »

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