Questions Answered by Doak Willis

Q: The baby daddy won't let the mother see or talk to the daughter and they have no custody agreement and are not married

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Apr 12, 2019
Doak Willis' answer
If the child resides in Oklahoma the law states that the mother of the child has custody until the father of the child is determined by paternity testing. The mother needs to hire an attorney now to possible get the child returned to her until parentage is determined through a paternity proceeding.

Q: If I marry is there any chance my wife’s income will come into play for child support?

1 Answer | Asked in Child Support for Oklahoma on
Answered on Apr 10, 2019
Doak Willis' answer
No. Only your income will be used in child support computation.

Q: landlord threaten to sue for past rent but has security deposit that’ll cover it.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Apr 10, 2019
Doak Willis' answer
The security deposit is to insure the rental is returned to the landlord in the shape you received it at the start of the lease with normal wear and tear excepted.The rental amount is a separate issue. The landlord may state that you left the rental in poor shape requiring them to use that deposit to put the rental back into a condition that would allow them to re-let the unit. You should always take pictures of the unit when you move out to insure that if the landlord files litigation against...

Q: i (an 18 year old) live with my parents and they say they have the right to all of my things even if i paid for them

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Small Claims for Oklahoma on
Answered on Mar 31, 2019
Doak Willis' answer
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.

Q: Can a 16 year old almost 17 move out of their parents home legally? Is the parent responsible for any trouble they cause

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Answered on Mar 31, 2019
Doak Willis' answer
There is no legal method of allowing your daughter to move out on her own. However, many children that age do so and DHS is reluctant to get involved. As for you being liable for trouble she may cause, there is that possibility that you could indeed be held liable for her tortious actions.

Q: I am needing to get financial power of attorney over my 16 year old biologiacal child. What forms do I need?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Mar 31, 2019
Doak Willis' answer
If the money is in a bank, you should take your son to the bank with his I.D. and your I.D. and explain the situation. The bank may let you sign for him as his parent without having to spend money on getting a guardianship, which usually would require you hiring an attorney which would cost a fair amount. If the bank will allow you tom sign, problem solved.

Q: Back in September the Judge in the County where I reside granted an Emergency

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Mar 31, 2019
Doak Willis' answer
Yes in Oklahoma when you move a certain number of miles from the Jurisdiction where you were divorced you must give some detailed notice and there is a time limitation also before you can move. Go see an attorney to do it right.

Q: I am wanting to get a divorce from my husband after committing adultery.

1 Answer | Asked in Divorce for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
District attorneys rarely if ever file charges against folks for adultery in Oklahoma. You should hire an attorney and have him/her file a petition for dissolution. Your case appears to be a simple matter and a good attorney can guide you through the process thus easing your concerns about your past acts.

Q: Can I be required to pay child support for periods of time when I was legally married to my kids mother?

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
If you were married and the children and your spouse were living with you, you would not be required to pay child support during that time frame.

Q: How to emancipate yourself in the state of Oklahoma

1 Answer | Asked in Family Law for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
Unless you know the law concerning emancipation in Oklahoma and the requirements to do so, you will need to hire an attorney to accomplish that if you qualify.

Q: Can a side agreement be enforced due to "precedence" or does the decree stand if the verbal arrangement no longer works?

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.

Q: Our garage door will not stay up. Is this considered a safety hazard in which we can withhold rent?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
This is not a listed condition in the statutes that empowers you to withhold rent. Put your landlord on notice in writing that there is a hazard that needs to be fixed. Without looking at your lease, an attorney cannot tell you what all your rights may be under the facts of your case.

Q: If I have been a tenant of a commercial property over 10 years do I have a right to buy the land before a stranger?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Answered on Jan 25, 2019
Doak Willis' answer
No. Just because you leased the property gives you no superior rights concerning the sale of the property.

Q: What Oklahoma statute requires a purchaser of alcohol to produce proof of age?

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Answered on Jan 22, 2019
Doak Willis' answer
Yes. Title 37 O.S. Section 600.3 B.

Q: Is it abuse of court discretion to not allow council to withdraw from case in the beginning of a jury trial

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Jan 22, 2019
Doak Willis' answer
Usually not. It depends of course upon the reason that the attorney is seeking to withdraw from the case. Once a case reaches the stage of a Jury trial, ordinarily the Court will not allow an attorney to withdraw except for very compelling reasons.

Q: my sons father was awarded sole custody 2 years ago and since September he has giving them to me full time

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
You didn't ask a question. If you were wondering what you should do to get your children's custody returned to you then you would need to hire a good attorney to bring a modification of the Decree if indeed the facts surrounding your case rise to the legal threshold for a modification.

Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.

Q: In Oklahoma, would common law marriage supersede legal court marriage in terms of divorce and the splitting of assets?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
A common law marriage in Oklahoma is a legal marriage just as much as one where a marriage license is procured and then the parties have a traditional marriage before a Judge or other clergy. There is no superseding. In case of divorce or as termed now dissolution, the Court will divide the marital assets and obligations of the parties equitably.

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