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Questions Answered by Howard Berkson
1 Answer | Asked in Family Law for Oklahoma on
Q: Avg cost to get visitation set up for 2 sons. Already Divorced & just seeking visitation Sapulpa Ok Please help?

I am their mother and desperately seeking visitation to see my sons ASAP. Is there any Pro Bono Attorneys willing to help me get this set up?

Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Check with legal aid of Oklahoma at http://www.legalaidok.org/

1 Answer | Asked in Personal Injury for Oklahoma on
Q: My friend signed a liablity form, and then died scuba diving. Is this considered negligence?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Liability waivers for sporting activity are generally enforceable in Oklahoma. To be more detailed, an attorney would need to see the waiver and know more about the details of what caused your friend's death,

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I charged a tv for a boyfriend who made the payments untill we broke up. He took the tv made two more payments then stop
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Often, the purchaser will say it was a loan and the person in possession of the item will say it was a gift. Assuming there is evidence that your ex-boyfriend made payments on the tv, you have a stronger case that it was a loan and not a gift. You should talk to an attorney about suing for return... View More

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: Ean my ex legally keep my animal after six months if the animal papers are in my name?

I had to move and told my ex I would be back for my dog, but I work all the time. How do I get my dog back?

Howard Berkson
Howard Berkson
answered on Nov 23, 2013

If you can prove ownership of the dog, you can probably get it back by filing a "replevin" action. A replevin action is a lawsuit for the return of personal property.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I was divorced in oklahoma in 2000 my ex is asking the court in oklahoma to relinquish jurisdiction is this possible?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Yes, it is possible, but there are a lot of factors the court will consider. You should consult with an attorney.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What is the legal defition if family? As in single FAMILY residence.
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Title 41, section 102(14): "'Single-family residence' means a structure used and maintained as a single dwelling unit. A dwelling unit, including those with common walls, shall be deemed a single-family residence if it has direct access to a street or thoroughfare and shares neither... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I register a car in my name for someone that has no drivers license and out of state warrents, can I be held liable ?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

You would have all the normal liability associated with owning a car that is driven by someone else. You could also be criminally liable as an accessory after the fact.

1 Answer | Asked in Municipal Law for Oklahoma on
Q: In Oklahoma can one Lawyer be both the City's Attorney and the Municipal Judge?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Probably. However, doing so opens the door to conflicts of interest. The judge should not preside over a case in which he or she has ever been involved as an attorney, as an investigator, as a witness, or in any other non-neutral role.

1 Answer | Asked in Business Law for Oklahoma on
Q: Can a wholesaler refuse to sell their products to a retailer?

We were looking for a beverage company. I have been talking with a company who in the begin'n gave me no indication that they would not sell us product. In fact, their rep stated that he would buy us a few cases of their energy drinks to help get us started. Their rep told me that he was still... View More

Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Probably. It depends on the actual reason(s) they have for not selling products to you.

2 Answers | Asked in Employment Law for Oklahoma on
Q: What is the retention period for credit reports used for employment purposes?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

An employer must comply with the Fair Credit Reporting Act (FCRA) to obtain and use credit information in an employment decision. The FCRA is administered by the Federal Trade Commission. According to their website, "Consumer reporting agencies may not report outdated negative information.... View More

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Does a general employee have the right to view your personnel file without your permission?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

That depends largely on what information is in your employee file. Assuming it contains normal information such as your home address, your birthday, your social security number and disciplinary history, it is possible that your privacy rights have been violated. It also depends on what you mean... View More

2 Answers | Asked in Employment Law for Oklahoma on
Q: How many hours can a 17 year oid work during a week and attend high school also
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

We do not have enough information to answer your question. There are special "child" labor laws from the federal government, and they depend on the type of job. For example, there are different provisions for agricultural work, kitchen work and amusement park work. Oklahoma also has... View More

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Can the loss of a security clearance be considered misconduct?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

It depends on whether you mean "misconduct associated with the work" in the formal sense used in unemployment insurance hearings or if you mean "misconduct defined by my employer's policy." Losing a status or license necessary to work can be "misconduct" in terms... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: I am trying to find out how old my convenience store employees need to be to sell low point beer for off premise
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Contact the Alcoholic Beverages Law Enforcement (ABLE) Commission and ask them, or look it up on their website. If you are selling alcohol in Oklahoma, you should become familiar with all the rules.

1 Answer | Asked in Family Law for Oklahoma on
Q: If the father lives in a different county than his child, which county does the father have to file under for visitation
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

Unfortunately, determining where to file is particularly difficult when it comes to custody and visitation. There are too many variables to write here: you should consult with a family law attorney.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: If you pay an attorney for a Bankruptcy and three days later, change your mind, does he have to refund your money, espec
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

The attorney is entitled to pay for any work he performed and for any costs he accepted, such as fees for filing your bankruptcy. If he did a lot of work in three days, there may be nothing to refund. If the amount you paid is excessive for the amount of work performed, the attorney should refund... View More

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: My dog got out of my fence and got ran over I found him in my yard can I press charges if I found out who did it

My dog got out of my fence or was let out haven't found the spot he got out from if he got out on his own and got ran over and killed and he was either in my yard or or someone put him there but I don't know who ran him over can I press charges if someone let him out and also on the... View More

Howard Berkson
Howard Berkson
answered on Nov 22, 2013

If someone negligently or purposely allowed your dog to leave your yard, that person may be liable not only for your loss but also for damage to the vehicle that struck him. Without knowing more about how your dog ended up being struck by a car, it is impossible to say whether the driver was at... View More

1 Answer | Asked in Probate for Oklahoma on
Q: If my husbands mother passed away and there is no will and she has 7 living children including my husband and owns her

Home how is it decided who the home belongs to at her death? and can any of the surving children secretly take ownership of the home without notifying all siblings?

Howard Berkson
Howard Berkson
answered on Nov 22, 2013

There is not enough information to fully answer your questions. The biggest factor is whether your father-in-law is still alive, and without that information, there's not much one can say about how the estate would be divided. As to the house, it does not suddenly become "up for... View More

1 Answer | Asked in Juvenile Law for Oklahoma on
Q: A juvenile takes a family car, another juvenile drives and crashes the car. Neither have a license who is responsible.

They are 14 and 15, are both equally responsible for the damages?

Howard Berkson
Howard Berkson
answered on Nov 22, 2013

They each have different potential criminal and civil liability. Also keep in mind there are different injured parties: the owner of the vehicle and the property owners and injured persons harmed by the wreck.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: How can i find out my case number my attorney is not available
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

You can go to pacer.gov, make an account, and search for your name.

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