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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oklahoma on
Q: My dad has dementia since 2020, I was poa. My daughter had him sign new poa in 2021not revoking mine, is this valid?

The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 24, 2023

That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my child father to my current boyfriend before my child?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

A non-custodial parent can take a custodial parent back to court to modify custody or to modify the terms and conditions of possession at any time until the child reaches 18 years of age.

Any such case will be adjudicated based on the facts and circumstances proven by the admissible...
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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: If my son has no legal father on his birth certificate can my fiance adopt him? The biological father knows of my son.

He has not taken care of him or seen him in about a year and a half, my son is 2.

Charles Watts
Charles Watts
answered on Mar 23, 2023

Not while he is your fiancé / after you get married then you can do a step-parent adoption. But the biological father will still have to give consent or you will have to prove in court why his consent is not necessary. Contact a family lawyer/adoption attorney for your best course of action.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my boyfriend to my child father first?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... Read more »

Charles Watts
Charles Watts
answered on Mar 23, 2023

This should be in your divorce decree and/or parenting plan. The most common verbiage is that no one of the opposite sex can stay overnight - usually not just meeting. But you should contact a family law attorney to go over the specifics of your case.

1 Answer | Asked in Family Law for Oklahoma on
Q: Can my daughter leave state of Oklahoma with baby if father and her break up
Charles Watts
Charles Watts
answered on Mar 19, 2023

This is a fact intensive question beyond a general forum question as parental rights are constitutional rights and you have to be careful. Your daughter, assuming is of legal age needs to contact a family law attorney to assist with her

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: We are looking into step parent adoption, I don’t have a father on the birth certificate, should he sign acknowledgment

Of paternity

Charles Watts
Charles Watts
answered on Mar 17, 2023

If you know who the father is then you need to get the dna completed and then have him sign a consent to the adoption. This is much faster and easier than having to do other things when the father is unknown. Contact an adoption attorney for your best course of action.

1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: My cousin is wanting to give me her unborn child because her and her husband are unable to care for her.

They are in AZ but willing to come to Oklahoma to have the baby. Where do I start? How do I bring home the baby when she is born

Charles Watts
Charles Watts
answered on Mar 10, 2023

If she comes here to have the baby then you will most likely avoid the legal issues of multiple states and thus making it easier and cheaper for you. Kinship adoptions are a fairly simple procedure and most adoption attorneys can assist you and most of us will give a free phone consult to make sure... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Oklahoma on
Q: Can Carter County combine a pending criminal case/allegation with a civil contempt child support case you're paying on?
Andrea Worden
Andrea Worden
answered on Mar 10, 2023

I think you are referring to money. County court clerks usually combine court costs and fines (on multiple cases) so that individuals have 1 payment to handle each month.

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!

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?

John Michael Frick
John Michael Frick
answered on Feb 20, 2023

Personally, no. Her handing you the paperwork does not constitute formal service of process. It’s a rare courtesy.

Take the papers she gave you to a competent attorney with family law experience in or near the county where the divorce proceedings are filed well before the date of the...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I'm 17 in less than a month, I was told that I'm legally able to move out in Oklahoma. Is this true? I need out

I need to move out before I'm 18 because I could do more for myself if I was able to be somewhere else. I don't have a job, and can't because I still have no Social Security card or CDIB and I had my aunt order my birth certificate bc if I ask my mom she'll forget and get mad... Read more »

Pete David Louden
Pete David Louden
answered on Feb 19, 2023

In Oklahoma, you become an adult at the age of eighteen and at that time a person can make their own decisions.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is there an internet form I can print 2 vacate a divorce decree & submit N court ? Do U think I have cause 2 vacate? V

We signed a divorce decree >30 days ago , In District Court - Oklahoma City. I was intimidated, my attorney yelled! I would have to pay her $2000 more if she had to take this to trial ! Then she yelled I won't represent u at a trial! ( I've paid her using loans from my adult... Read more »

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

It sounds to me like you hired a cut rate lawyer and received cut rate service.

You likely do not have grounds to vacate your divorce decree if one has been signed by a judge.

If there are substantial things you want changed in the divorce decree, you should contact an experienced...
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1 Answer | Asked in Family Law for Oklahoma on
Q: Does a child have rights to the parents estate after parental rights are relinquished?
Timothy Carignan
Timothy Carignan
answered on Jan 23, 2023

The short answer is No. Unless the child was specially named in a will, the child will not inherit. A provision for “all of my children” - or worse, no will at all - will not include a child who is legally considered someone else’s child.

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: Can I become executor of my deceased mothers land without a will in place?

I am one of 4 siblings. My mother passed and did not have a will. She was common law married but the land was purchased before the marriage and was only in her name. I have been paying the taxes on the land since she passed. What can I do to obtain the land since I am caring for it?

Charles Watts
Charles Watts
answered on Jan 10, 2023

Contact a probate attorney. These can be complex issues, and with a spouse involved (common law or not) the date the land was purchased is not relevant (it would be in the event of a divorce but not necessarily in death) - But first thing is the estate (land and all other belongings) needs to be... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Oklahoma on
Q: My 83 year old father is being scammed and he’s sending money to who he thinks is a 20 year old that’s wanting to marry

him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?

Reece B. Morrel Jr
Reece B. Morrel Jr
answered on Jan 4, 2023

To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can a divorce decree be enforced if the spouse hasn't adhered to the final decree if said spouse passes away

34yrs married, mental harassment to go get divorce, during the year and a half of going thru this, on top of kids and I doing repairs,painting, etc. to home to be put up for sale, and the deaths of my brother, my ids Sad and finally my Son. He has sold of assets, moved money around and other... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 29, 2022

Rhonda, you really need a lawyer to help you with this! Many will let you pay the retainer in installments. Good luck to you.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 28, 2022

You should contact a family law attorney. Service of summons on an inmate i$ complicated. Buy yes, you can get a divorce, but you cannot marry for 6 months after your divorce is granted. Good luck.

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1 Answer | Asked in Family Law and Civil Rights for Oklahoma on
Q: My girlfriend's mother made false accusations to the DHS about me and I been cleared. Can I sue her for slander?

The DHS have taken the kids from the home and gave them to my girlfriend's mom.

Charles Watts
Charles Watts
answered on Dec 28, 2022

DHS reporting is confidential and anonymous. Therefore any blatantly false allegations can only be prosecuted by DHS.

1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My spouse filed for divorce without my knowledge. We were separated for 3 months and he died before the divorce court

Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?

Charles Watts
Charles Watts
answered on Dec 24, 2022

If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: Grandmother had 5 acres and had no will and passes. Has 5 kids left behind and wanted each to have 1 acre but never

Deeded or willed. One of them lives on the 5 acres in the home where she had lived and had been there for about 5 years she has been deceased a year. No probate has been drawn up who has ownership of the property and can they sale all it or give it to another family member like a uncle or such?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Probating the grandmother’s estate will be the quickest and least expensive route to take. Sooner is better than later.

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