Questions Answered by Kyle Persaud

Q: Can landlords in Oklahoma charge tenant for their own labor to repair and clean a rental left in horrible condition?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Apr 24, 2019
Kyle Persaud's answer
Under Oklahoma tort law, the tenant may be liable to compensate you for damage to the property.

Q: maximum amount in miles to move and fight for joint or weekends for my child.

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Apr 23, 2019
Kyle Persaud's answer
No matter where you live, you can still have joint custody if a court finds that joint custody is in the best interest of the child.

If you move to a location that is more than 75 miles away from where you live now, you have to notify the opposing parent. The other parent has the right to object. The rule for notification, and the other parent's objection, is as follows:

1. If either party (“the relocating party”) intends to move his or her primary residence or intends to...

Q: Father=supervised standard visitation. Child just turned two do I have to give her up for weeks out of summer for visit

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Apr 23, 2019
Kyle Persaud's answer
It depends on what the custody order says. If the custody order says you have to give the child up for weeks in the summer, you have to do it. If the custody order says that you don't have to give the child up for weeks in the summer, you don't have to.

if the custody order says you have to give the child up for weeks in the summer, and you don't think the child is ready for that, you should file a motion to modify the custody order.

Q: Can a rental property in Oklahoma keep a security deposit if I back out of renting before signing a lease?

1 Answer | Asked in Real Estate Law and Contracts for Oklahoma on
Answered on Apr 23, 2019
Kyle Persaud's answer
You have the right to demand a return of the security deposit.

Okla. Stat. tit. 41 s 115 says:

A. Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution. Misappropriation of the security deposit shall be unlawful and punishable by a term in a county jail not to exceed six (6) months and by a fine in an amount not...

Q: Pending FP case dismissed w/o prejudice, no jurisdiction due to a new case in another county. File 1st in which county?

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Apr 22, 2019
Kyle Persaud's answer
The court which has made a child custody determination has exclusive, continuing jurisdiction over the determination until:

1. The Court determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with the county and that substantial evidence is no longer available in the county concerning the child's care, protection, training, and personal relationships; or

2. A court of the same county or a court of...

Q: Grandmother / DHS wanting child support after stealing my teenager

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Answered on Apr 22, 2019
Kyle Persaud's answer
If the grandmother has legal guardianship, you are required to pay child support.

Q: What map is authoritative in applying sex offender registration laws in Oklahoma?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Apr 22, 2019
Kyle Persaud's answer
Talk to your local police department and ask if they have a map.

Q: Bigamy?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Apr 22, 2019
Kyle Persaud's answer
Look at your new spouse's divorce decree. Does it say that they can't marry anyone within a certain time period after the divorce?

Q: How can a mother be charged with enabling child sexual abuse when she called the police immediately upon discovery.

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Apr 18, 2019
Kyle Persaud's answer
Okla. Stat. Tit. 21 s 843.5(G) says:

"enabling child sexual abuse" means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under the age of eighteen (18) by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should...

Q: grandparents rights

1 Answer | Asked in Family Law for Oklahoma on
Answered on Apr 18, 2019
Kyle Persaud's answer
You can file a petition in court to request custody.

Q: How do I get my husband's ex es to leave us alone and stop harassing us and slandering our names?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Apr 17, 2019
Kyle Persaud's answer
If the exes have done new things since the judge dismissed the protective order, then you can file a petition for another protective order.

Q: If I am envolved in an Oklahoma Small Claims case can I ask the court to issue a subpoena for a witness to appear?

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Answered on Apr 17, 2019
Kyle Persaud's answer
Yes.

Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."

Ask the court clerk to issue a subpoena. Fill in the blanks, and give the subpoena to the sheriff or to a licensed process server to serve on the witness.

You can also ask the judge to call a witness or order the production of...

Q: I was at fault for a minor fender bender on 2/20/19 and don't have insurance. Police report wasn't submitted till 03/18

1 Answer | Asked in Car Accidents for Oklahoma on
Answered on Apr 16, 2019
Kyle Persaud's answer
Before you pay anything, you should make sure that any documents you receive, saying you owe money, are genuine.

You have the right to ask for proof that the documents are genuine.

Q: Is it legal for a local city ordinance to be enforced if the ordinance has not been filed thru the county court clerk?

1 Answer | Asked in Legal Malpractice for Oklahoma on
Answered on Apr 16, 2019
Kyle Persaud's answer
The ordinance doesn't have to be filed with the county clerk. However, the title of the ordinance does have to be published in the newspaper. Also, the ordinance has to be made available in the office of the municipal clerk (that's different from the county clerk.

Okla. State Tit. 11 § 14-107 says,

"A. If a municipal governing body enacts or adopts by reference ordinances which are compilations or codes of law or regulations relating to traffic, building, plumbing, electrical...

Q: can I be a tag agent if I have filed bankruptcy?

2 Answers | Asked in Bankruptcy, Business Law and Contracts for Oklahoma on
Answered on Apr 15, 2019
Kyle Persaud's answer
I don't see anything that says you can't.

To see the requirements for being a motor license agent, click on these two websites:

https://www.oscn.net/applications/oscn/deliverdocument.asp?id=440203&hits=1365+1364+1363+1352+1351+1350+1296+1295+1294+1117+1116+1115+1113+1112+1111+1065+1064+1063+1030+1029+1028+999+998+997+882+881+880+798+797+796+602+601+600+486+485+484+481+480+479+439+438+437+396+395+394+195+194+193+29+28+27+...

Q: I got a ticket from a police officer who pulled me over going 54 in 40. He was faced in a general direction with cars

1 Answer | Asked in Traffic Tickets for Oklahoma on
Answered on Apr 12, 2019
Kyle Persaud's answer
You could talk to the prosecutor and see if he will dismiss the case. If the prosecutor dismisses the case, it could be won without going to court.

If the prosecutor doesn't dismiss the case, then, you could ask for a hearing before the judge. At the hearing, the prosecutor would have the burden of proving that you violated a traffic law. If the prosecutor doesn't meet his burden, the judge should find you not guilty.

Q: Apt Mangr told me I needed to pay the early termintn fee of two mths rent before I could give 30 day notice to vacate?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Apr 12, 2019
Kyle Persaud's answer
Whether he can do this, depends on what was in the lease agreement.

Q: Girlfriend at hospital in labor. They wanted to break her water to speed it up and she told them no and they held

1 Answer | Asked in Health Care Law for Oklahoma on
Answered on Apr 12, 2019
Kyle Persaud's answer
Possibly she has a claim for assault and battery against the doctors and the hospital.

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