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Questions Answered by Kyle Persaud
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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1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: I'm paying for child care in my child support yet he doesn't go to daycare. What can I do to get the $239 per m removed

I don't wanna modify because she works under the table and will hide her income again so child support will go up even more. I need this money for medical bills and follow up appointments I can't go to because of such high child support payments.

Kyle Persaud
Kyle Persaud
answered on Mar 18, 2019

In general, the only way to get your child support reduced is to file a motion to modify.

1 Answer | Asked in Adoption, Child Custody, Child Support and Probate for Oklahoma on
Q: I'm the guardian of my 2 nieces.The dad is the est. father of 1, not the other. Are visits reqr'd for the non est child?

He was told by judge that paternity needs to be done at his cost. It's been 8 months since hearing. The parents are not married and the mother was married to another man at time of conception. The mother's husband was not on child's birth certificate and does not claim child but the... View More

Kyle Persaud
Kyle Persaud
answered on Mar 16, 2019

Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.

If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the...
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2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Oklahoma on
Q: i am a mother in oklahoma whose 5 children were illegally removed by falsifying documents, i have my case file on hand

i want to know if the documents are legal, i will take a picture. i just really need a answer, they've been gone for 9 mths now

Kyle Persaud
Kyle Persaud
answered on Mar 16, 2019

I can't tell whether the children were legally removed, simply by looking at the documents alone.

The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the...
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1 Answer | Asked in Products Liability and Agricultural Law for Oklahoma on
Q: I have a tractor service I brush hog along the side of roads .and build driveways what color of flashing lights can I ha

Also on my truck and trailer

Kyle Persaud
Kyle Persaud
answered on Mar 16, 2019

To see the rules for what color your lights have to be, click here:

https://www.govinfo.gov/content/pkg/CFR-2018-title49-vol6/pdf/CFR-2018-title49-vol6-sec571-108.pdf

Scroll down to page 434. Beginning on page 434, you see a series of tables that tell the color that lights have to be.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: If a landlord issues a 30 day to vacate without going to court to evict but accepts next months rent what are my rights?

30 days issued Middle of month but accepts full months rent for the following month

Kyle Persaud
Kyle Persaud
answered on Mar 15, 2019

Your landlord can terminate the lease anytime he wants, if he gives you thirty days notice.

However, you may be legally entitled to a refund of next month's rent.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If I am renting a home that the owner is supposedly selling can she kick me out in 2 days? What are my rights?

There was never a lease filled out when we move in. We have been living here for 4 months.

Kyle Persaud
Kyle Persaud
answered on Mar 15, 2019

If there was no written contract, then, your tenancy is presumed to be a "tenancy at will" and can be terminated by the landlord at any time. Okla. Stat. tit. 41 sec. 1

However, "thirty days notice in writing is necessary to be given by either party before he can terminate a...
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2 Answers | Asked in Immigration Law for Oklahoma on
Q: If I am a green card holder and I get married to a US citizen will I be able to fill the N-400 earlier
Kyle Persaud
Kyle Persaud
answered on Mar 14, 2019

Normally, you must be a lawful permanent resident for at least five years, and meet certain other conditions, before you can fill out the N-400.

However, you may be able to fill out the N-400, and apply for and apply for naturalization as a U.S. citizen, earlier, if you are married to a...
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1 Answer | Asked in Probate for Oklahoma on
Q: Is it better to get a lawyer and a land surveyor from the city, town or county that the land is located in?

Dad passed away without leaving a will. Mom/ widowed wife is still alive. we live in okc but the land is in antlers ok. we know that a neighbor has rebuilt his fence on our land, hence taking land away from us.... im guessing encroachment or homesteading???... its only 10 acres but i am needing to... View More

Kyle Persaud
Kyle Persaud
answered on Mar 14, 2019

I personally think that it does not matter whether you have a lawyer or land surveyor from the city, town, or county in which the land is located.

Oklahoma real property law is the same throughout the state. Therefore, a lawyer who is competent to practice real property law in Oklahoma,...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son has mental issues and physically disabled. He was arrested we bonded him out but cannot afford attorney what now

Son was not obstructing he help load bike in squad car. We bonded him out due to unfairness of cursing and obstruction charge and due to his health. We cannot afford lawyer as on social security and him SSI CAN HE GET PUBLIC DEFE DER ANYWAY

Kyle Persaud
Kyle Persaud
answered on Mar 14, 2019

File an application for a court-appointed attorney. Your son may be able to qualify.

1 Answer | Asked in Employment Law for Oklahoma on
Q: If I was fired from my job for making an online threat but no charges is it possible to work for the government still

I spoke with the FBI and worked for a casino never went to jail, no charges made and no record because of it

Kyle Persaud
Kyle Persaud
answered on Mar 13, 2019

This would depends on the rules of the government agency for whom you want to work.

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Small Claims for Oklahoma on
Q: Does a vehicle have to yield to a pedestrian attempting to halt its movement by stepping in its path?

Two vehicles are in a parking lot. The elderly Driver of Vehicle A opens their door, loses their grip due to the wind, and the door swings into Vehicle B, leaving a deep dent (6" x 3" x 1/2"). The driver of vehicle B gets out and examine the damage. When B insists A is liable for... View More

Kyle Persaud
Kyle Persaud
answered on Mar 13, 2019

There are a number of offenses, for which each driver may be liable.

Driver A may be guilty of assault. "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Okla. Stat. tit. 21 sec. 641. A attempted to injure B with...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are the eligibility requirements to have a deferred felony expunged and should I acquire legal counsel for this?
Kyle Persaud
Kyle Persaud
answered on Mar 13, 2019

If you've completed the conditions of the deferred sentence, the case should be expunged.

Yes, you should acquire legal counsel for this. Expungements of deferred sentences are likely too difficult for you to handle yourself.

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: If a child moves out of oklahoma, would the child support case be transferred as well?

Child was in foster care. Neither parent had the child.

Kyle Persaud
Kyle Persaud
answered on Mar 13, 2019

This is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Uniform Interstate Family Support Act (UIFSA).

Both the UCCJEA and UIFSA are very complicated. There are many factors to be considered in deciding whether to transfer a child support case, and...
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1 Answer | Asked in Family Law for Oklahoma on
Q: I am looking for the paper to fill out to terminate the guardianship in place for my daughter.

Need guardianship of minor child terminated

Kyle Persaud
Kyle Persaud
answered on Mar 13, 2019

Oklahoma state law says:

"A guardian may be removed by the district court for any of the following causes:

1. For abuse of his fiduciary responsibility.

2. For continued failure to perform his duties.

3. For incapacity to perform his duties.

4. For gross...
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1 Answer | Asked in Employment Law for Oklahoma on
Q: Can an employer refuse to pay me commissions I have already earned if I leave the company?

I have now been offered a job with a different employer and I have accepted the new position so can my current employer not pay me not only what has already been completed and just waiting on the customers to close out their purchase orders but also the sales that I made but the devices are still... View More

Kyle Persaud
Kyle Persaud
answered on Mar 13, 2019

The answer to this question depends on the contractual agreement between you and your employer.

"Contractual agreement" can include written contracts, but, under certain circumstances, verbal statements by you or your employer, or action by you and your employer, can also be part...
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1 Answer | Asked in Constitutional Law, Gaming and Gov & Administrative Law for Oklahoma on
Q: What Oklahoma statute makes sports gambling illegal?
Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

There are a number of state statutes on gambling.

Many of them are available here:

https://www.oscn.net/applications/oscn/index.asp?level=1&ftdb=STOKST21&year=#CiteID69441

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: How can I modify support? They took $4 shy of 50% of my income and i have no access to the child! Not very fair.

Dhs has my taxes from last year in hold and it has not been applied. What happens if i dont make enough for them to take out the $70.85 ordered? Or how do they base the amount without any information from me or my employer? If I pay child support shouldnt I have access to the child? I have been... View More

Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

To modify child support, file a motion to modify child support, in court.

It is legal for them to take child support from you and not let you see your child.

To get visitation with your child, file a motion to modify custody and visitation.

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: What does title T47 section 11-201.(a) in Oklahoma State say about bypassing a weigh station? I can't find it.
Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

T47 section 11.201(a) says nothing about weighing stations.

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: Can an ex keep a dog that was given as a gift? It's the ex's name but was a gift.
Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

Were you ever married to the ex?

If you were married to the ex, then it depends on whether the dog was separate property or marital property. If the dog was separate property, then, the ex may keep the dog. If the dog was marital property, then you have a claim to the dog.

In...
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