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Questions Answered by Timothy J. Pickens
1 Answer | Asked in Child Custody for Oklahoma on
Q: What can I legally do if my daughters dad threw her out of his house and now wants her back
Timothy J. Pickens
Timothy J. Pickens answered on Jul 27, 2015

More information surrounding the case is needed, such as, the current custody arrangements and the childs age... Call a qualified family law attorney to address your concerns. TJP

1 Answer | Asked in Contracts for Oklahoma on
Q: What constitutes a binding contract in oklahoma? Does it have to be on paper or can it be digital?
Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

A mutual meeting of the minds is the critical determinate. This can be shown by written or verbal communication. Digital would also apply. But, you need to contact a reputable Oklahoma attorney to discuss the facts surrounding your case. Thank you for the question. TJP

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the max penalty under Oklahoma Use of a computer for the purpose of violating
Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

If you are talking about Oklahoma Statutes Citationized

Title 21. Crimes and Punishments

Chapter 39 - Oklahoma Law on Obscenity and Child Pornography

Section 1040.13a - Soliciting Sexual Conduct or Communication with Minor by use of Technology - Penalty - Jurisdiction...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I am a victim in a criminal case. Can I contact the defendant's attorney?

My ex-fiance came to my house to talk and the situation grew bad. During the time he was there, we did have sexual relations and I was up-front about this when asked by the sheriff's office when I initially gave my report of the other things that happened that night. He has been charged with... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

The prosecution doesn't have to work for your cause. If you are not able to get the DA to see things your way, then what you should do is hire your own Oklahoma Attorney to represent your interests. In regards to the defense, you are not restricted from contacting the defense. But, the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Friend gets pulled over and arrested, booked with no records available. Can he be held past 48hrs?

He was driving under suspension when he got pulled over. I have looked up the Inmate Query and it is showing no charges against him yet. it has been a little over 32 hours since he was booked. Can they hold him more than 48 hours without charges?

Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

Yes. Weekends can be the cause of additional the time. Be sure to call your Oklahoma Criminal Defense Attorney to help you determine who to use for your bondsman and to address the specifics of your particular case. Thank you, for your question. TJP

1 Answer | Asked in Family Law for Oklahoma on
Q: Is a common law marriage valid in the state of Oklahoma? I am getting conflicting information from different websites.
Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

As the old saying goes: The proof is in the pudding! If witnesses, children and the proper documentation are provided you may have the making of a common law marriage. Please call an Oklahoma attorney to discuss the particulars of your case. Thank you, for your question. TJP

1 Answer | Asked in Child Custody for Oklahoma on
Q: My child is 17 and 15 they want to live with there dad now I haze had them since birth he is the popular.

I just received a motion I have not received support since it was order I 1999 help

Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

The ages of your children are an important factor for the court to decide the issue. But, there are additional factors that you will need to discuss with an Oklahoma attorney to more specifically help you. Thanks, for your question. TJP

1 Answer | Asked in Divorce for Oklahoma on
Q: Is there anything else I could use other than a birth certificate to change my name back to my maiden after divorce?

I was not born in the US, and can't get my birth certificate unless I go back to my home country (I do have a translated copy that was notarized years ago). I have a problem changing my name back to my maiden after a divorce because the provision about the name is not included in the divorce... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

Yes. You should make sure the language in the final decree expresses your desire to take back your maiden name. Then, get a certified copy of the original decree. The decree will usually be sufficient. But, there are exceptions that you will need to discuss with an Oklahoma attorney as they may... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If the current parent who has custody of a child gets filed for an abetting minor how does that affect child custody
Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

The opposing party might have an opportunity to use this to show that a change in circumstances exists. If there is enough supporting evidence then custody might be challenged.

Please contact an Oklahoma attorney to discuss you case in more detail. Thank you, for your question. TJP

1 Answer | Asked in Divorce for Oklahoma on
Q: In oklahoma can You pay a lawyer to contest a divorce & settle your divorce with out your consent and sign your divorce

Decree..

Timothy J. Pickens
Timothy J. Pickens answered on Jul 26, 2015

The issue of informed consent is very important in relation to giving any authority to an attorney to act on your behalf. You will need to explain in more detail, such as whether or not this was an agreed decree, did you sign an affidavit attesting your consent...

1 Answer | Asked in Divorce for Oklahoma on
Q: I would like to get a divorce, I'm disabled only soc security for income and he draws workman comp and soc security als

Has filed bankruptcy.what are my options. He makes 5times more than I do.

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

The bankruptcy action does not necessarily preclude you from filing for divorce. You will need to consult with an attorney familiar with family law and bankruptcy statutes in your area. It is possible for you to obtain permission by the bankruptcy court to receive some form of financial... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Court order states that I must pay my ex money in 120 days.120 days from the judgment or 120 days from when we filed?

I am just needing to know If my 120 days start from the day the judge made his judgment or 120 days from when all parties, and the judged signed the document and it was filed?

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

You should bring your document to a trusted attorney for them to review, specifically after checking the court docket for the court's corresponding minute order. The time usually starts ticking when a family court judge conveys an order. That is, when the order is verbalized to you by the... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: My husband refinced our house after we we were married. My name is on deed at the court house. Do I have any rights?
Timothy J. Pickens
Timothy J. Pickens answered on Feb 4, 2015

Is your name on the note and the deed? If your name is on both the note and the deed you have the debt and the equity to consider. If you are only listed on the deed the mortgage holder is more likely to go after your husband if he is the only one on the note. This matter should be discussed... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If my daughter's father failed to comply with all aspects of the court ruling, Does he still have rights to her??

I have been the only one in her life and the only one on her birth certificate for five years. Which even got ordered to put his info on birth certificate, still to this day 5 and a half years later nothing. He's never had anything to do with her and didn't want anything to do with her... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Dec 1, 2014

On the surface the natural father appears to have some right to visitation, at least until his parental rights are terminated by the court.

1 Answer | Asked in Family Law for Oklahoma on
Q: what happens when you file child custody court documents and the father doesn't respond in 20 days of them being served
Timothy J. Pickens
Timothy J. Pickens answered on Dec 1, 2014

You might be able to get your initial temporary orders granted by default.

1 Answer | Asked in Family Law for Oklahoma on
Q: Is this illegal in Oklahoma?

17 year old girl has a child, decides to move back in with her biological mother, who lost all her rights, they were involuntarily terminated before her adoption. Her mother was deemed unfit. Child endangerment or something is wrong with this situation. Any laws being broken?

Timothy J. Pickens
Timothy J. Pickens answered on Dec 1, 2014

The 17 year old could be classified as an adult, (if she has been working, paying taxes, paying rent... giving birth to a child, raising the child). More information is required before any determination can be made as to whether the 17 year old or her baby might be at risk in this situation.

1 Answer | Asked in Family Law for Oklahoma on
Q: My stepdaughter lives with her dad, now she wants to live with her mother and I. How does that work? She is 16.
Timothy J. Pickens
Timothy J. Pickens answered on Dec 1, 2014

A change in visitation can be initiated by filing a motion to modify the existing visitation agreement.

1 Answer | Asked in Family Law for Oklahoma on
Q: My husband left me after 8 yrs stated he wanted a divorce left me with all financial burdens. I found out he is on all -

Dating websites & going to sex clubs. He is actively dating others & states he's doing nothing wrong. He is supposed to handle the cost of divorce. Is he committing a crime?

Timothy J. Pickens
Timothy J. Pickens answered on Dec 1, 2014

Adultery is still on the books in Oklahoma.

1 Answer | Asked in Family Law for Oklahoma on
Q: can a mother get custody of her children after adopting them to her cusions for nine years and signed her rights away
Timothy J. Pickens
Timothy J. Pickens answered on Nov 10, 2014

It is unlikely. However, the validity of the adoption and termination paperwork should be reviewed. The defense of fraud or duress could be at issue. You really need an attorney to look at the whole picture.

1 Answer | Asked in Family Law for Oklahoma on
Q: Can ex just decide to change what day we use to determine 5th or 1st wknd for visitation after 9 years?

We have always (for 9 yrs) used Saturday's date to determine if it was the 1st or 5th wknd of the month. I get the first 3 wknds. She gets 4th and 5th. Now that I would actually get my daughter on Halloween for the first time since 2008, she has decided to change it to Friday making it her 5th... Read more »

Timothy J. Pickens
Timothy J. Pickens answered on Nov 10, 2014

Depends, if you have a joint custody agreement then you probably have a good argument for keeping the schedule as it was.

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