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Questions Answered by Kyle Persaud

1 Answer | Asked in Consumer Law, Contracts and Copyright for Oklahoma on

Q: They is a woman that is flirt with a married man that is my husband

Me and my husband have two kids and this woman that has been hitting on my husband she dose not care

Kyle Persaud answered on May 28, 2019

If all that this woman is doing is flirting with your husband, that's not illegal.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on

Q: Can I legally move out of state with my child to get away from domestic abuse?

My sons father has been emotionally, mentally and at times physically abusive. I'm wanting to move out of state to be with family to get my life back but I do not want to risk losing my son. I need to be with my family and away from his father, but does that mean I have to lose my son?

Kyle Persaud answered on May 9, 2019

No. You can move out of state without losing your son.

The rules for a parent relocating are as follows:

If either party (“the relocating party”) intends to move his or her primary residence or intends to move the primary residence of the minor child of the parties over...
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1 Answer | Asked in Child Custody for Oklahoma on

Q: My fiance is trying to get custody back of his son after 7 years and his sister has guardianship.

My fiance is trying to get custody back of his son after 7 years and his sister has guardianship. Initially his dad and step mom had him after going behind his back and got emergency guardianship of him. Did not notify or serve him with papers stating so. On several occasions he was told the wrong... Read more »

Kyle Persaud answered on May 3, 2019

Your fiance has a right to be notified of any hearing on an adoption without consent. At the hearing, your fiance should argue that there are no legal grounds for the sister to adopt the child.

Click here to look at the state statute:...
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1 Answer | Asked in Child Support for Oklahoma on

Q: Will my child support decrease if I have more children with someone else?

I pay $1,000 for 1 child to my ex who moved to Ok before the baby was born without my knowledge. I have since had 2 children with my girlfriend. Can my child support be lowered to help provide equal support to all 3 of my children?

Kyle Persaud answered on May 3, 2019

Yes. Click here: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=452145

2 Answers | Asked in Family Law and Adoption for Oklahoma on

Q: How can I get my son adopted by his Step Father.

He hasn't paid child support in years or seen him in a few years. His Bio dad said he would sign if that's what my son wanted, my son will be 15 this year. His biological dad is in jail in Texas and does reside there.

Kyle Persaud answered on Apr 30, 2019

If you have the biological father's consent, the stepfather may adopt the child (provided the stepfather meets the other requirements for adoption.)

If you do not have the biological father's consent, then, in order for the stepfather to adopt the child, you need to prove that either:...
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1 Answer | Asked in Landlord - Tenant for Oklahoma on

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

Rental was vacated without meeting us, the landlords, at agreed date/time for return of keys and move-out inspection. Condition of rental was horrible including dog feces, chewed interior and exterior doors and woodwork, destroyed carpeting and large amount of trash scattered throughout the unit to... Read more »

Kyle Persaud answered on Apr 24, 2019

Under Oklahoma tort law, the tenant may be liable to compensate you for damage to the property.

1 Answer | Asked in Child Custody for Oklahoma on

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

Looking to move to try and be closer to by significant other. We both have a daughter from previous relationship. My SO has custody of her daughter. I just have weekends with mine. We live 100 miles apart and are trying to make the next move and live together. Can we meet somewhere in the middle of... Read more »

Kyle Persaud answered on Apr 23, 2019

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...
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1 Answer | Asked in Child Custody for Oklahoma on

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

Father has standard visitation supervised (grandma supervises) He just started it but grandma says they want the summer vacation. My child is 2 and so young and has never been away from me really (doesn’t even attend daycare) do I have to give her up weeks out of summer?

Kyle Persaud answered on Apr 23, 2019

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...
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1 Answer | Asked in Real Estate Law and Contracts for Oklahoma on

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

I contacted an apartment community about renting a unit they had specials on. The apt was not finished and we looked anyway, decided we liked the layout and would put in an application. We paid a $50 app fee. We decided to move forward with a deposit on the property after the application was... Read more »

Kyle Persaud answered on Apr 23, 2019

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...
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1 Answer | Asked in Child Custody for Oklahoma on

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

a paternity/custody case was stayed until DHS closed out their deprived case in the county the mother ran off to. DNA was done & BC adding me as the father. During the 2yrs DHS had child with foster parent the mother moved several times. The most recent county wasn't even aware of the pending FP... Read more »

Kyle Persaud answered on Apr 22, 2019

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...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on

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

Approx Two years ago my daughter 16, was wanting to date and not finish school work. She went to her enabling grandmothers house for the weekend I demanded my daughter come back to finish her school work and they blocked my calls and moved to a different city. I went to police and they said I... Read more »

Kyle Persaud answered on Apr 22, 2019

If the grandmother has legal guardianship, you are required to pay child support.

1 Answer | Asked in Criminal Law for Oklahoma on

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

Trapped in Motel 6 for going on 2 years because Ok laws have made it illegal for SOs to live practically anywhere. I need to prove that my new home will not be within, say, 2000 ft of a park, and have no unassailable authority for map info from which to make my case.

Kyle Persaud answered on Apr 22, 2019

Talk to your local police department and ask if they have a map.

1 Answer | Asked in Family Law for Oklahoma on

Q: Bigamy?

If I was with someone for 19 years and never married is it bigamy if I go out of state and marry someone who was just divorced in 2/2019

Kyle Persaud answered on Apr 22, 2019

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?

1 Answer | Asked in Criminal Law for Oklahoma on

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

And what can be done to rectify this situation.

Kyle Persaud answered on Apr 18, 2019

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...
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1 Answer | Asked in Family Law for Oklahoma on

Q: grandparents rights

What kind of rights do grandparents have if their grandchildren were removed by CPS and they now live with my daughters husbands neice and I live out of state. The children reside in Ok and I am in MD. Do I have the right to have them placed with me and my husband?

Kyle Persaud answered on Apr 18, 2019

You can file a petition in court to request custody.

1 Answer | Asked in Family Law for Oklahoma on

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

We filed vpos on 3 of his exs and the judge dismissed them..now they're starting trouble all over again how do I make it stop.. they will not leave us alone our lives are all over social media and the town we just moved to..make them stop???

Kyle Persaud answered on Apr 17, 2019

If the exes have done new things since the judge dismissed the protective order, then you can file a petition for another protective order.

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on

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?

Kyle Persaud answered on Apr 17, 2019

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....
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1 Answer | Asked in Car Accidents for Oklahoma on

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

What are my legal rights? I was going under 2mph but just now I'm receiving a $800$ estimate which I believe is beyond inflated, from potentially a fake company. I aknowledge I'm at fault but I have to many red flags to blindly pay that amount. What are my options at this point?

Kyle Persaud answered on Apr 16, 2019

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.

1 Answer | Asked in Legal Malpractice for Oklahoma on

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

Nor has the ordinance been made available to the residents or anyone for that matter and city hall that enforces the ordinance can't provide a copy of the ordinance even after issueing a citation that exceeds the state law amount for that same citation?

Kyle Persaud answered on Apr 16, 2019

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 §...
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1 Answer | Asked in Child Support for Oklahoma on

Q: Already paying max support. Can I get a part time job without paying child support through that second job?

Im already paying 45-50 percent of my income towards child support with my full time job. If I get a part time job, less than 20 hours a week, will I be required to pay child support through this job?

Kyle Persaud answered on Apr 15, 2019

Yes

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