Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Melissa Oxford
1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I write a motion to set aside I need to write a motion to set aside emergency temp custody

The temporary custody was only granted until I provided a negative drug testoh, I have three of them I just don't know how to get them to the judge

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

An emergency custody order should be set for hearing within ten days under OK law. I recommend hiring an attorney well-versed in family law in Oklahoma and appear at the hearing to provide evidence in support of your position.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: with a CS court hearing coming up my ex is wanting to terminate his rights, what do I do?

he hasn't been around or seen my daughter in 3 years.

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

A parent cannot terminate their parental rights simply to circumvent child support obligations.

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: When a kid is 16, what are the laws on child neglect at that age?

My friends son moved to another town and was staying with his aunt. His mom found out he dropped out of school and he was taking pills, smoking marijuana, and drinking. His aunt wasn't very responsible after all

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

I recommend your friend consult an attorney well-versed in Oklahoma family law immediately. It is possible she has a duty to report this situation to DHS and could face liability if she fails to do so.

1 Answer | Asked in Family Law for Oklahoma on
Q: My son moved to Florida with his father. He is 15 and is “mad” at me. He won’t speak to me and his father won’t let him.

I live in Oklahoma and pay child support. If they won’t even allow me to talk to him do I have to pay child support?

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

The short answer is yes, you have to pay child support. I recommend you consult with an attorney well-versed in family law in Oklahoma to determine next steps based on whether or not your child's father is in contempt of an order already in place by relocating to another state and to enforce your... Read more »

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: I was the guardian to a child from OK. We ended up adopting her in WA state. Didn’t file termination in OK

Do I have to file something with the court besides the birth certificate and the order for adoption in oK as my adoption lawyer did that to my knowledge I have her birth certificate.

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

I recommend consulting with a lawyer well-versed in Oklahoma adoption law to ensure the UCCJEA was complied with and any additional steps you need to take in Oklahoma.

1 Answer | Asked in Divorce for Oklahoma on
Q: I live in Oklahoma my attorney filed divorce though court but can’t reach him is there anything I can do?

I met with him one time to get papers filed and he filed them June 27,2019 I paid the filing fee and everything and I still haven’t received a call back from him to get this done there is minor involved and is a noncontestant divorce he has agreed to sign I need a divorce quick as possible

Melissa Oxford
Melissa Oxford answered on Sep 5, 2019

Under Oklahoma law there is a 90 day waiting period for a divorce when minor children are involved.

1 Answer | Asked in Workers' Compensation and Insurance Bad Faith for Oklahoma on
Q: Are employers required to notify as self insured and will handle workers comp claims in house prior to employment?

I went through a claims experience that I didn’t appreciate because I was feeling pushed by my employer to sign off before I felt I was back to normal. She has done this on multiple occasions I have found out. Not looking to sue for money. But I wish to anonymously notify the correct agency so... Read more »

Melissa Oxford
Melissa Oxford answered on Sep 3, 2019

The 2014 Administrative Workers’ Compensation Act allowed employers to “opt out” of the state workers’ compensation system as long as they provided equal or better benefits. Since that time, the Oklahoma Supreme Court struck down the “opt out” provision. Employers can self-insure, but... Read more »

2 Answers | Asked in Family Law and Adoption for Oklahoma on
Q: I'm in a adoption case for my son. The judge ordered that my son can be eligible for adoption without my consent.

Now my court appointed lawyer withdrew. And told me I need to file a " entry of appearance". How do I do this, and where do I fie it. And what is it for.? I'm so lost and need help before I loose my parental rights to my son. It was a default judgement I was late for court.

Melissa Oxford
Melissa Oxford answered on Sep 3, 2019

You need to hire an attorney who specializes in adoption, QUICKLY. It is possible to terminate your parental rights without your consent.

View More Answers

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.

She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and... Read more »

Melissa Oxford
Melissa Oxford answered on Aug 19, 2019

If you were married to bio mom when she had the child(ren), under Oklahoma law you are presumed to be the father. This presumption can be overcome by a DNA test, but you will need to request same. You indicate you "signed a notarized paper for the mom from hospitals each time she popped another one... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on
Q: My fiancee has a 3 year old from a previous relationship and the father is not in his life at all and my fiancee has to

Pull teeth to get child support payments. Is there any way I can adopt him?

Melissa Oxford
Melissa Oxford answered on Jul 27, 2019

First, in Oklahoma a step-parent adoption requires you be married to the child’s parent for one (1) year. Second, you have to meet the qualifications set out in the law, mainly dealing with criminal history. Third, If the child is over twelve (12), they would have to consent. If these... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: If I have a court order in another state do I need to get it modified for the new state I live in?

When I was reunified with my children the dcf case worker and the judge agreed that my childs father would get supervised visitation for 2 hrs once a month. The order was filed and set into motion while my childrens father lived in Oklahoma. I was living in Florida when the order was ordered. What... Read more »

Melissa Oxford
Melissa Oxford answered on Jul 20, 2019

Oklahoma continues to have jurisdiction if one of the parents resides here.

2 Answers | Asked in Family Law for Oklahoma on
Q: My granddaughter, 7 years old has lived with me for the past 3.5 years. With both parents consent.

I was given temporary guardianship of her till fist of August. Her dad's new girlfriend of 3 months who suffers from PTSD & seizures wants her to live with them. My granddaughter's mom wants her to continue staying with me and she and dad are still legally married. Hiring an attorney would be a... Read more »

Melissa Oxford
Melissa Oxford answered on Jul 20, 2019

I recommend consulting an adoption attorney if one of the biological parents is contesting the adoption. There is also an adoption tax credit you may be entitled to if you are ultimately successful in adopting your grandchild, but you will have to pay the legal fees and claim it on your taxes later.

View More Answers

2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: I have sole custody, what proof do I need to show of abandonment etc so my new spouse can adopt my children?

I was given sole custody, all divorce states is I have sole custody and respondent to pay X Amt of child support.No visitation was granted etc. Nothing has ever been paid, and he has not even had contact in nearly 3 years. He has had CF and CM arrests in the past few years (drug abuse)with deferred... Read more »

Melissa Oxford
Melissa Oxford answered on Jul 20, 2019

I agree with Mr. Lehr. In addition, moving forward with an adoption without the biological father’s consent on the basis of abandonment is a complex, fact-specific analysis and in some instances a Judge may even take into account (among many other factors) whether or not a birthday card was sent... Read more »

View More Answers

1 Answer | Asked in Child Support for Oklahoma on
Q: In the state of Oklahoma; if a child is not in school due to legal issues, does child support still need to be paid?

What happens if child support is being paid, and the child goes to prison at age 18? He is currently going through a trial and is not supposed to be around other children. By the time the trial ends he will be 18 and in 10th grade.

Melissa Oxford
Melissa Oxford answered on Jun 17, 2019

Child support must be paid until the child turns 18, unless the child has not graduated from high school. If the child has not graduated high school the child support continues until the child has graduated high school or turns 20, whichever occurs first. Please keep in mind mentally and physically... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on
Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?
Melissa Oxford
Melissa Oxford answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

1 Answer | Asked in Divorce for Oklahoma on
Q: I'm wanting to divorce my husband but he's only one on bank account i got no car no money no job bc I'm at stay home mom

What can I do I've called lots of resources but no one can help

Melissa Oxford
Melissa Oxford answered on May 31, 2019

I recommend contacting Legal Aid of Oklahoma or one of the organizations listed on the Oklahoma Bar website to discuss your options. https://www.okbar.org/legalresources/

1 Answer | Asked in Child Custody for Oklahoma on
Q: If temp. Gaurdianship ended in Feb and theres been no court date does Mom have custody back?

On the court papers it says court will reconvene in three months for permanent placement but there has not been another court date. And the temp. Gaurdian was diagnosed with lung cancer.

Melissa Oxford
Melissa Oxford answered on May 28, 2019

I recommend consulting with an attorney that handles guardianship to determine the status and possibly setting a court date.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is it legal for my employer to take my vacation time away because I didnt use it by my anniversary date?

I had 30 hrs of PTO on my 4/10 paycheck and my next paycheck was 4/25 & my PTO is gone. They said they take it away because I did not use it by my 4/13 anniversary date. They never told me I had to use it or lose it. Is this legal?

Melissa Oxford
Melissa Oxford answered on May 26, 2019

I recommend you consult an employment attorney to discuss the details. Find out if this policy is in an employment handbook or otherwise documented somewhere. If so, be sure to bring it to the attorney consult.

1 Answer | Asked in Employment Law for Oklahoma on
Q: An employer threatened to withhold my paycheck. When I told the employer that this was illegal, they terminated me.

Can I sue my former employer?

Melissa Oxford
Melissa Oxford answered on May 26, 2019

You may have a cause of action but I recommend you consult an employment attorney. They cannot withhold pay, and you may be considered a "whistleblower", which may afford you additional protection. A lot of this is dependent on additional facts.

2 Answers | Asked in Criminal Law and Family Law for Oklahoma on
Q: 2 minors knowingly left with household with unreported child molester : who should be reported and to which agency(s)?

The Oklahoma non-custodial parent became aware his ex-wife left their two boys, 8 and 11, for a week with her sister, an RN, whose 18 y.o. son, a few years earlier, had been found to have sexually abused the minor children of a relative and a neighbor, also an RN. The families agreed not to... Read more »

Melissa Oxford
Melissa Oxford answered on May 26, 2019

I recommend non-custodial parent discuss with an attorney to determine if there is a duty to report and in the event he wants to pursue a modification of child custody based on these circumstances.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.