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Questions Answered by Kyle Persaud
1 Answer | Asked in Adoption for Oklahoma on
Q: How to get my daughter back if adoption is not final and father didnt sign consent

I signed consent but her father will not we want our baby back. How can we get her.. nothing has been finalized

Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

A consent to adoption may be revoked within 15 days after the consent is signed.

Other than that consent is irrevocable, unless you can show that:

"1. By a preponderance of the evidence that without good cause shown, a petition to adopt was not filed within nine (9) months...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Is it legal for a non-lawyer to appear in court for a corporation?

More specifically for a representative of a corporation who owns residential rental property to bring eviction in a District Court against a tenant.

Kyle Persaud
Kyle Persaud
answered on Mar 11, 2019

In a small claims case, yes. In other cases no.

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: Who is responsible the owner of the dog that is not home but the dog gets out or the person who answers the door
Kyle Persaud
Kyle Persaud
answered on Mar 11, 2019

If the dog caused any damage, I think both the owner, and the door answerer, can be held responsible.

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma on
Q: i want to sue a District Attorney Investigator. Who do I send notice of a tort claim to? City, County, or State?

DA investigator in bad faith filed an affidavit of probable cause filled with false allegations & withheld exculpatory evidence violating my 4th amendment rights. 5months in jail DA dismissed upon being informed of that material evidence withheld. so now I want to file a tort claim but who do I... View More

Kyle Persaud
Kyle Persaud
answered on Mar 11, 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)... View More

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Looking up family history, we came across a law suit case involving me that I know nothing about. Can you tell me?

in the case of Rover Pipeline v. Rover Tract no(s) WV-MA-ML-066.510-ROW, et al, case # 5:2018cv00069, filed 01 May 2018 in Wheeling, WV (re: Marshall County). Heirs of John H. Showalter: in this filing my name, along with two aunts (both deceased), and my brother Spencer David (deceased) and... View More

Kyle Persaud
Kyle Persaud
answered on Mar 11, 2019

This case was file in the United States District Court for the Northern District of West Virginia.

You'll have to contact that court to find our more about the case.

The court is required to give you all the documents in the case (though they may charge a fee.)

Here is...
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1 Answer | Asked in Car Accidents for Oklahoma on
Q: Am I still within the time limits to refile an auto negligence case that was dismissed WOP 6/23/2015?

Before the case made it to trial after over a year of litigation, I was convicted of a dom A&B that had me sentenced to a year in jail. The law firm representing me called my phone looking for me and was told by my girlfriend that I was in jail. a month later, without notifying me, the attorney... View More

Kyle Persaud
Kyle Persaud
answered on Mar 11, 2019

You must file an action for auto negligence within two years after "the cause of action shall have accrued."

In an auto negligence case, the cause of action, generally begins to "accrue" on the date of the auto accident.

Because this case was dismissed almost...
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1 Answer | Asked in Family Law for Oklahoma on
Q: Can a Judge change his ruling in Oklahoma in less then 30 minutes. I heard the Judge and the GOL are a secret couple.

The judge ask if anyone had anything else to add, my attorney, exwife’s attorney, and the GOL all 3 stated they did not. The Judge said that his Ruling was unsupervised visits every other week. The GOL jumps up and haves a fit. The judge said that nobody made him believe that I committed any kind... View More

Kyle Persaud
Kyle Persaud
answered on Mar 11, 2019

Oklahoma Statutes, title 12, Section 1031, says,

"The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter:

1. By granting a new trial for the cause, within the time and in the manner prescribed in Sections 651...
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1 Answer | Asked in Family Law for Oklahoma on
Q: I just need help....

Well my moms boyfriend has moved us twice already which is why we live in oklahoma now..and hes a really bad guy and my mom always puts him before her kids. And she has got cps and dhs called on her alot of times. I have proof but i havent turned it in and i dont know if i will. And they are... View More

Kyle Persaud
Kyle Persaud
answered on Mar 7, 2019

If you are over 18, you are a legal adult, and have the right to move out. This is true, unless, someone has obtained a guardianship over you.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My Grandmother died in 2009 and my mother was still trying to get 2 different AD&D payouts and she died, what can I do?

My mother was working on it until the day she died and now I don't know what to do! One company is wanting my grandma's estate papers showing my mom was the PR and sole inheritor - how can I get those? Is there a statute of limitations.

Kyle Persaud
Kyle Persaud
answered on Mar 7, 2019

To get your grandmother's estate papers, call the clerk of the court where the probate case was filed. The clerk is required by law to give you the papers.

There is not a statute of limitations for probate cases.

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Q: I left my apartment after renting for 2 years, and an eviction notice shows up now on my new apartment search.

I left a year ago without notice, but I paid each month on time, also was at the end of my lease. Do I have any way to reverse this off my record?

Kyle Persaud
Kyle Persaud
answered on Mar 7, 2019

Call the landlord who issued the eviction notice, and ask if they will remove it from your record.

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Is it against my civil rights to be denied legal council concerning a minor, not to mention be placed under arrest just

To talk to her.

Kyle Persaud
Kyle Persaud
answered on Mar 7, 2019

In a criminal case, you have the constitutional right to be represented by an attorney, and, if you cannot afford an attorney, the state must pay for an attorney for you.

However, in a civil case, you do not have the constitutional right to be represented by an attorney.

If this is...
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1 Answer | Asked in Child Support for Oklahoma on
Q: How long does the child support process take I file back in November of 2016. And I still haven’t had a hearing

They verified his address and job.

Kyle Persaud
Kyle Persaud
answered on Mar 7, 2019

As to the first question: How long does the child support process take?

That depends on the county. Often, in smaller counties, the process goes quicker.

But, if you filed in November 2016 (over two years ago) then, there is probably something amiss -- it shouldn't ever take...
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1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Evicted & served judgement. LL re-rented within 2 months. Am I entitled to have judgement amount reduced?

12 month lease, 4 months in. Lost job, made partial payment agreement w/LL (did pay 1st installment) - filed against me anyway

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

In general, you are not entitled to have the judgment reduced merely because the landlord re-rented within 2 months. You could have the judgment reduced if there was an agreement in place that says the judgment could be reduced.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: If my tenant abandoned the property without paying anything how can I find a way for them to pay my lost
Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

File a lawsuit against the tenant.

1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Q: A mechanics lien has been filed on a property of ours, we disagree with the charges.

We had a vendor file a lien on our property after not completing a job. We received an invoice from an owner of this company, and it was incomplete in detail. We asked for another invoice more complete. We were told it was only a form error and that all work would be performed for the price that... View More

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

You may subpoena the manager to show up in court. You can present the text messages in evidence. You may introduce anything into evidence that has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it... View More

1 Answer | Asked in Election Law, Gov & Administrative Law and Public Benefits for Oklahoma on
Q: If you reside in the zipcode of a city in Oklahoma, and not in the city proper, do you get a vote in city elections?

There is a Mayoral election upcoming and there is a lack of clarity on who is allowed to vote in it.

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

Check your city's municipal code. Your city's municipal code will tell who can vote in city elections, and who can't.

Some Oklahoma cities publish their codes online at www.municode.com

See if your city's code is there.

If your city's code is not on...
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1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Can I receive child support from my ex/child's father, and him still not get visitation. I don't trust him.

He will just pawn my 2 year old daughter off on his 96 year old grandmother while he is out running around all night and having multiple females in and out of his house all hours of the night and day and he never has food at his house. He has two older children from previous relationship a 11 year... View More

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

If you file for child support, it will be up to the judge to decide whether the father gets visitation.

Except in the most extraordinary circumstances, judges generally grant visitation to both parents. You may be able to get an order saying any of the father's visitation is to be...
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1 Answer | Asked in Child Support for Oklahoma on
Q: who owes child support if no best interest hearing or DNA done but Presumed father signed denial & AOP signed by bio dad

the mother took a signed denial of paternity by her husband and a acknowledgement of paternity signed by biological father to Oklahoma vital services to have 1yr old daughter's birth certificate changed removing husband and adding bio dad as father and giving daughter his last name. nothing... View More

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

The biological father should be responsible for paying child support.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: How can a false accused father under epo in Oklahoma get rights to his son?

I have aspergers, ADHD, autism, cerebral palsy. I am 29 years old I live in Oklahoma. I fell in love with a girl who has microcephaly. We both have drivers licenses, graduated high school, and can dress ourselves. She got pregnant and I found out her mom was abusing her so I went to legal aid... View More

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

If there is an EPO against you, then, the judge has probably set the case for another hearing.

Go to your next hearing. At the hearing, present evidence that you have never harassed the mother or the child.

For the mother and child to continue this protective order against you, they...
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1 Answer | Asked in Family Law, Divorce and Child Support for Oklahoma on
Q: How does paternity work in Oklahoma when mother was married to another man?

My husband and I currently have full guardianship if our two nieces. The mother was married to another man when both children were conceived. On the 1st child and acknowledgment of Pateenity was signed by the mother and father and the mother's husband signed stating he wasn't the father.... View More

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

If the parents were married to each other at the time of the child's birth, the mother's husband is presumed to be the father.

To rebut this presumption, you have to file a paternity suit in court.

In general, if the the parents were married to each other at the time of...
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