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Questions Answered by Timothy J. Pickens
1 Answer | Asked in Estate Planning for Oklahoma on
Q: Husband is CEO w/1 partner. He owns 40%. Upon his death he wants to distribute 20% to a daughter and step-daughter,

then give $1,000 to each of 3 kids from prior marriage that have nothing to do with him, never has. Can this be done? I will have insurance.

Timothy J. Pickens
Timothy J. Pickens answered on Aug 30, 2015

Yes, if the funds are available when he dies. Contact your local Attorney to discuss the issues. TJP

1 Answer | Asked in Family Law for Oklahoma on
Q: Is it legal for my ex husband to file custody without serving me papers?

Here about almost a month ago, I was supposed to meet my ex husband so I could get my daughter for my week. We had joint custody, week on/week off, neither of us had to pay child support. We were supposed to meet at 6pm, but when the time rolled around, he did not show up. I tried calling his... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Aug 30, 2015

You have a good argument. However, you need to contact a local Family Law Attorney to review the issue of "Notice". TJP

1 Answer | Asked in Criminal Law for Oklahoma on
Q: After an arrest & u go court receive your charges and a bond is set,Can the court say they have more charges

Can the court say they have more charges they haven't filed

Timothy J. Pickens
Timothy J. Pickens answered on Aug 30, 2015

The DA can amend the petition. Call a local Oklahoma Attorney to help address your questions. TJP

2 Answers | Asked in Divorce for Oklahoma on
Q: Does a child support check need to come from a bank account with the payor's name on it or can a girlfriend pay it?
Timothy J. Pickens
Timothy J. Pickens answered on Aug 30, 2015

Anyone can pay. But, whoever pays better clearly print on the check that the payment is specically for ChildSupport and print the name of who owes the ChildSupport. Contact a local Oklahoma Attorney to assist you further. TJP

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1 Answer | Asked in Divorce for Oklahoma on
Q: Me and my ex have been legally separated for 4 years. He filed the divorce and his attorney is not repenting him becaue

He fail to pay. The divorce is still on file but I have no clue where he's at. What legal rights do I have to finalize it. He deserted me and also was cheating. What can I do please help me.

Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

You should get your own Oklahoma Family Law attorney and finish out the divorce. You should get the final decree drafted to your desires and have your husband served with the final decree along with a date for presentment, so that he can attend or not. If he fails to attend and you can show good... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: In oklahoma, how long does a judge have to make a decision when the case is under advisement?
Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

A reasonable amount of time based on the complexity of the case...

1 Answer | Asked in Child Custody for Oklahoma on
Q: How do I gain custody of my 15 year old brother when I'm 19?

My mom and her boyfriend both do drugs and when I was 5 months pregnant she slammed me into a wall and still tells everyone that I was the one who assaulted her. I'm 7 months now, have no job or income at all or a house but once I have those I want toget my brother away from her. She yells at him... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

Tough situation. You will definitely need to be able to show the court that you can provide food, shelter... for your newborn and your autistic younger brother. You should find a local Oklahoma Attorney to help you with the guardianship. TJP

1 Answer | Asked in Child Custody for Oklahoma on
Q: Can visitation be denied due to a FTA warrant on a felony DUI case being issued?
Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

The unfortunate truth is probably, yes. However, you will need to discuss the particular set of facts surrounding your case with your Oklahoma Family Law Attorney. TJP

1 Answer | Asked in Family Law for Oklahoma on
Q: Where do I go to get a Answer form as a written response in the dissolution of marriage papers i received?

Do I go get them at the Court Clerk's office?

Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

You will likely have little success finding a response form to answer any petition or set of interrogatories at any courthouse. Your best bet is to secure the assistance of a local Oklahoma Family Law Attorney as soon as possible. Answering within the 20 day time period is very important! TJP

1 Answer | Asked in Divorce for Oklahoma on
Q: My fiancee is currently incarcerated.

When he first went in, he was dating someone else. He put down that he was married to her even though he wasn't. Now that we are back together, I cannot visit him because he's listed as married even though he's not. He even got proof from the county in which they lived stating that they were never... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

"Common Law Marriage" comes to my mind. But, the facts are a bit sparse. Contact your local Oklahoma Family Law Attorney. TJP

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do I need a lawyer for being accused of stealing a gas can?
Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

That depends. How valuable was the gas can? Grand Larceny v. Petit Larceny? Did you commit a felony with the gas can? At any rate, you should contact your local Oklahoma Criminal Defense Attorney to discuss the details of your case. TJP

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If you have been sentenced two years in oklahoma but have a hold in texas do you have to do the full two before transfer

My husband was offered a two year sentence ran consecutive with his three in texas or a four year ran concurrent with his three in texas which he's already done all his time in texas accept for 7 months which would be the best option to take?

Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

It would be helpful to know the specifics about your husband's Oklahoma conviction. However, from your information, the 2 year consecutive seems better than a 4 year concurrent. Because, if he has already served all but 7 months in Texas then theoretically he should only have 2 years and 7 months... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it legal or illegal to shoot someone who is stealing your vehicle from your residence or protect your property
Timothy J. Pickens
Timothy J. Pickens answered on Aug 15, 2015

"Never bring a knife to a gun fight, and never use deadly force to protect your property." For specific statute discussion call your local Oklahoma Criminal Defense Attorney! TJP

1 Answer | Asked in Family Law for Oklahoma on
Q: The fathet collects social security benefits and my son draws off him why doesn't he have to pay support

My son collects $174 and barely covers his expenses

Timothy J. Pickens
Timothy J. Pickens answered on Aug 10, 2015

The answer to your Question is probably found by asking SS and DHS. A local attorney who deals with these organizations can help you find the answer. TJP

1 Answer | Asked in Family Law for Oklahoma on
Q: where do I find low income lawyers or legal aid

can not afford divorce lawyer where can I go

Timothy J. Pickens
Timothy J. Pickens answered on Aug 4, 2015

Here are a few places that can help you locate an affordable attorney: The University of Tulsa Law School, The University of Oklahoma Law School, your local county bar association or the Oklahoma Bar Association. In addition, there is also the Legal Aid Society. TJP

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Can I go to jail on a application to revoke
Timothy J. Pickens
Timothy J. Pickens answered on Aug 3, 2015

Yes. But, the answer cannot come without you explaining the history of your case as well as the current facts that have led to this application to revoke. Therefore, you need to contact a local Oklahoma attorney to address these questions. TJP

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does the word issue, mean when a jury trial is being set.
Timothy J. Pickens
Timothy J. Pickens answered on Jul 30, 2015

Usually, immediately before you have your case heard before a jury you have had all your discovery and procedural issues addressed and you can proceed to trial. You should consult with a local Criminal Defense Attorney to discuss the particular facts dealing with your question. TJP

1 Answer | Asked in Child Custody for Oklahoma on
Q: Is there any way to get the morality clause removed from the divroce decree?

I am the girlfriend. My boyfriend has a 2 year old and is divorced. We want the morality clause removed. Any way to do so? Mom and I get along. She asks me to pick their daughter up from daycare and watch her on days that she works. But she told my boyfriend she doesn't think we should live... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Jul 30, 2015

You can always file a motion to modify /change the language in your decree. One of the easiest ways to accomplish your request would be to get the opposing party to agree to the change. Then present the motion and the signed agreed order modifying... to the Judge for signature. It is always best... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: In oklahoma can I have my boyfriend move in if he has a fleony charge and I am trying to get custody of my children back
Timothy J. Pickens
Timothy J. Pickens answered on Jul 28, 2015

Why? Do you want to help the other side with their case against you? That said, it is never a good idea to add a convicted Felon to a custody dispute. But, to say you can't make that decision is not true. Contact a local Oklahoma attorney to sift through the facts of your case to address the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are the penalties for drug possession & trafficing

My friend is from Arkansas and got pulled over in Oklahoma and these are his charges:

Aggregated traffic in illegal drugs

Bringing contraband into jail/penal institution

Unlawful possession of drug paraphernalia

What are the penalties for this & what are his options

Timothy J. Pickens
Timothy J. Pickens answered on Jul 27, 2015

Here are a few Fines to consider:

A. The provisions of the Trafficking in Illegal Drugs Act shall apply to persons convicted of violations with respect to the following substances:

1. Marihuana;

2. Cocaine or coca leaves;

3. Heroin;

4. Amphetamine or...
Read more »

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