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Questions Answered by Kyle Persaud
1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Since I am a convicted felon I have no othetcivil rights but do process of law
Kyle Persaud
Kyle Persaud
answered on Apr 5, 2019

Even if you are a convicted felon, you still do have many civil rights.

The civil rights you have depend on the terms of your sentence, and also what state law says about your specific rights.

The rights that you keep, and do not keep, after you are convicted, are too long to list here.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Stockbroker Fraud for Oklahoma on
Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.

The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and... View More

Kyle Persaud
Kyle Persaud
answered on Apr 4, 2019

File an action in court to remove the trustee.

Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.

The wording of the trust may also specify in which state a trust action must be filed. If...
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1 Answer | Asked in Child Custody for Oklahoma on
Q: My daughter and her baby daddy split up he ran off with the child and we are unable to get ahold of anyone to tell us

How the baby is doing. Louisiana court gave them joint custody on a monthly rotation basis. He has had the baby for a month and we are unable to get any information. We have no idea where he and the baby are. What should we do.

Kyle Persaud
Kyle Persaud
answered on Apr 4, 2019

Contact law enforcement. Show them a copy of the custody order, tell them father is in violation of it.

You will also need to ask the Court to enforce visitation. You also should probably ask the Court to grant custody to the mother.

You have not given me enough details for me to...
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1 Answer | Asked in Child Custody for Oklahoma on
Q: I asked a question yesterday about custody of my son I believe it was Kyle persaud, he asked if I was mother or father

I am his mother. He has lived with me his entire life except when I was hospitalized w my heart he stayed w my mom. She does have paoers she gave me some stating all the hoops id need to jump threw in order to get my son back but it doesn't seem like she should be able to legally take him and... View More

Kyle Persaud
Kyle Persaud
answered on Apr 2, 2019

If you are the mother, then, yes, the grandmother was required to give you notice before she can take your son.

Yesterday I cited the U.S. Supreme Court case of Armstrong v. Manzo. There, the Court said:

"In disposing of the first issue, there is no occasion to linger long. It...
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1 Answer | Asked in Contracts for Oklahoma on
Q: I had an oral contract with the contractor who did some work on my house. In exchange for a roof and the $5000 balance

I owed, he was to get my $15,000 RV. He took the RV and now I can't get a hold of him. I also found he didn't do most of the work he was paid for. Can I get a warrant out for him for theft of my RV?

Kyle Persaud
Kyle Persaud
answered on Apr 1, 2019

Call the police and report the RV stolen.

The police may tell you that this is a civil matter and they will not help you. If the police tell you this is a civil matter, file an action in replevin.

To find out how to file an action in replevin, click here:...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: in the state of Oklahoma can a employer call and request proof of jury duty from the local court system?

can they request this proof or can they legally only request proof from me?

Kyle Persaud
Kyle Persaud
answered on Apr 1, 2019

Oklahoma Statutes, title 38, section 36, says

"A. Persons serving as jurors during a trial shall not be asked or required to give their complete residence address or telephone number in the presence of the defendant.

B. Names and personal information concerning prospective and...
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1 Answer | Asked in Contracts for Oklahoma on
Q: how do I file a written answer to petition?

I'm being sued for the difference owed in a repossessed car by the bank.

Kyle Persaud
Kyle Persaud
answered on Apr 1, 2019

Look at each of the allegations in the petition.

If an allegation is true, then, in your response, write "Defendant admits that ... [insert allegation here]"

If an allegation is false, then, in your response, write, "Defendant denies that ... [insert allegation...
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1 Answer | Asked in Family Law for Oklahoma on
Q: My mother passed away leaving us homeless on top of mourning so i let my son stay w his grandma for couple weeks while i

While i made other arrangements and she showed up at my mothers funeral informing me she had gone to court in front of a judge and got custody of my son is this legal? I was bever served or had k owledge of it

Kyle Persaud
Kyle Persaud
answered on Apr 1, 2019

Are you the mother, or are you the father?

If you are the father, were you ever married to the mother? If not, were you ever adjudicated the father? Did the child reside in your home the first two years of his life? Were you named on the birth certificate?

If you were never married...
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1 Answer | Asked in Family Law for Oklahoma on
Q: I read the law about child custody and since I am no longer to register as a sex offender I have no rights to my child

Just to pay child support

Kyle Persaud
Kyle Persaud
answered on Apr 1, 2019

Oklahoma Statutes, title 43, Section 112.2(B)(1) says,

"B. There shall be a rebuttable presumption that it is not in the best interests of the child to have custody or guardianship granted to a person who:

1. Is subject to or has been subject to the registration requirements of...
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2 Answers | Asked in Small Claims for Oklahoma on
Q: Neighbor claims a shingle from my roof fell and hit there car and scratched it am I reliable?

It was windy the other day and shingles from houses around me were blowing everywhere. Neighbor claimed that a shingle from my roof blew off and scratched their car and is threatening to take me to court. Am I reliable?

Kyle Persaud
Kyle Persaud
answered on Mar 27, 2019

Possibly.

In a negligence case, there are three questions that courts ask in deciding whether a defendant is liable:

1. Did the defendant owe a duty of care to the plaintiff?

2. Did the defendant breach that duty?

3. Did the defendant's breach of the duty cause...
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1 Answer | Asked in Probate for Oklahoma on
Q: Had a probate hearing beginning of March. Whats the waiting period for first payment?
Kyle Persaud
Kyle Persaud
answered on Mar 27, 2019

Your question is unclear. What do you mean "first payment"?

1 Answer | Asked in Small Claims for Oklahoma on
Q: I got permission leave my property at the owners house and his son took it and soled it with out my knowledge

He has his new girlfriend's parents sell it in a garage sale what can I do ?

Kyle Persaud
Kyle Persaud
answered on Mar 25, 2019

If the buyers were innocent purchasers, and if they did not know that the seller had no right to sell it, then the buyers have legal title to the property. See Okla. Stat. tit. 12A sec. 2-403, here:... View More

2 Answers | Asked in Employment Law for Oklahoma on
Q: Employer gives points if clock in 5 min early/late. I have to get by lap top out plug it in and start it up wait for the

for the system to pull up which really means I'd need to get to work early to meet the requirement. Can they do this?

Kyle Persaud
Kyle Persaud
answered on Mar 25, 2019

Yes.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I have full legal and physical custody of my child. Would I get in trouble if I move states for a better job?

My ex has visitation but has not seen my child in over 3 years even though he only lives a few miles away and even before he has never been consistent. He also move 3 states away himself at one point but then moved back. He never checks on him but the state does take a small amount of child... View More

Kyle Persaud
Kyle Persaud
answered on Mar 25, 2019

If you move a distance of more than 75 miles, you have to notify your ex at least 60 days before you move. If your ex does not file a written objection in court within 30 days of receiving the notice, you can move.

If your ex files a written objection in court, the court will hold a hearing...
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1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Oklahoma on
Q: What do I do? I'm pregnant the landlord is not doing their job to fix things.

We moved in Bradford Square Apartments September 14th and still nothing has been fixed I'm pregnant and have been breathing in gas and a rotten egg smell the carpet was not cleaned there's mold behind the toilet we went a whole month without hot water til the hot water tank busted then... View More

Kyle Persaud
Kyle Persaud
answered on Mar 21, 2019

Realistically, you may not be able to get anything fixed within the time necessary. Your best bet may be to move out of your apartment.

If you can't afford to move out now, here is, I think, your best option: Write a letter to your landlord. In your letter, list all the problems with...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I have Daca, can i travel to Hawaii and come back rob oklahoma with no problem
Kyle Persaud
Kyle Persaud
answered on Mar 21, 2019

DACA restricts your travel to and from the U.S. Because Hawaii is in the U.S., you should have no problems traveling to and from Hawaii (unless you go through another country on your way.)

2 Answers | Asked in Contracts for Oklahoma on
Q: I entered into a verbal employment agreement with a nation wide engineering firm for an upcoming project.

They then publicly announced my name as their inspector for the project. This cost me my current job and their position didn't happen. Can I sue?

Kyle Persaud
Kyle Persaud
answered on Mar 21, 2019

It sounds like you relied on the firm's promise, and you relied on the promise to your own detriment. You may be able to sue under a theory of detrimental reliance.

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1 Answer | Asked in Civil Rights for Oklahoma on
Q: Are DA investigators (county detectives) immune from civil tort claims for malicious prosecution?

a DA investigator withheld exculpatory evidence and made several false allegations to support probable cause that he knew was untrue to get an arrest warrant signed by judge. To add to that his info came directly from the prosecuting DA in misdemeanor case who victim contacted and made the... View More

Kyle Persaud
Kyle Persaud
answered on Mar 21, 2019

Unfortunately, under Oklahoma State Law, you can't sue a district attorney or his employees for performing prosecutorial functions. See White v. State ex rel Harris, 2005 OK CIV APP 79 (available online at http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=2005+OK+CIV+APP+79)

1 Answer | Asked in Libel & Slander for Oklahoma on
Q: can I be convicted of Unauthorized use of motor vehicle with no proof ?

A friend of mine reported her car stolen saying I stole it when I did not. she handed me the keys and allowed me to borrow her vehicle . Within several hours of using the car she got mad at me over her personal boyfriend life that has nothing to do with me. So she had text me and asked me to return... View More

Kyle Persaud
Kyle Persaud
answered on Mar 20, 2019

This question is not really about libel and slander, it's about criminal law.

In order to convict you of a crime, the prosecutor has to prove, beyond a reasonable doubt, that you are guilty.

1 Answer | Asked in Family Law for Oklahoma on
Q: Mu husband and I have guardianship of our two nieces and needed to know what the regulations were on relocating/moving.

My husband drives 45 minutes to work and back every day and we are wanting to move close to his work. This would make us and the kids 60 minutes from the biological father who sees the girls once a week. Is this something that has to be addressed in court?

Kyle Persaud
Kyle Persaud
answered on Mar 18, 2019

If you want to move a distance of less than 75 miles, you don't have to do anything. You can move.

If you want to more a distance of more than 75 miles, you have to notify each adult entitled to the visitation of the child. To do this, follow the instructions in Okla. Stat. tit. 43...
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