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Questions Answered by Melissa Webb
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  Webb
Melissa Webb
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  Webb
Melissa Webb
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  Webb
Melissa Webb
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.

1 Answer | 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... View More

Melissa  Webb
Melissa Webb
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.

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Who do I need to file a lawsuit against noble county and Perry Oklahoma for Excessive force used against my husband

That ended in his death.

Melissa  Webb
Melissa Webb
answered on May 26, 2019

You can file a 1983 Civil Rights case but since it is a government entity you have a short period of time to initiate the action. Please contact an attorney ASAP to discuss your options.

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Oklahoma on
Q: Can I sue a drug testing facility for a false positive drug test that I voluntarily took for Child Protective Services

What lawyer can you recommend in Oklahoma

I voluntarily took a drug test for CPS. The testing fac. said it was positive for meth, methadone, Xanax, Barbiturates. These results were used against me in court and my grandkids were taken away on 8/24/18. The lab results were negative for all... View More

Melissa  Webb
Melissa Webb
answered on May 26, 2019

You may have a cause of action but you would have to have evidence that it was, in fact, a negative result. Your testimony will not be enough. You will need other toxicity test results from that same day to support any case you may have.

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I was getting checks from Multi injury trust fund then turned 65. Can I get back on since more injuries have came up?

I have been put on oxygen 24 hours a day from my diaphragm coming halfway up my left lung from head injury. They said signal from brain to diaphragm shorted and it is stuck there. Have abestos.

Melissa  Webb
Melissa Webb
answered on May 26, 2019

I recommend discussing these issues with your lawyer. The Multiple Injury Trust Fund can be complex and the answer to your question will depend on certain issues, and there are special laws for some injuries, including asbestosis.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on
Q: My ex and I has never seen eye to eye since I was told by my 2 minor children step mom broke my daughters wrist and when

I showed great concern but also keeping a civil conversation out of concern for our children we have together. He just laughed and said I was making this stuff up in my head and I was dramatic and making something out of nothing. I didn’t think I was dramatic, I was emotional and crying for the... View More

Melissa  Webb
Melissa Webb
answered on May 26, 2019

I recommend consulting a lawyer any time you believe your child may be suffering abuse when they are not in your care to determine your options and if you have any duty to report same.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on
Q: his wife is” mother on school records” I can’t even get infor nothing on them and I’m aloud visitation but being denied

I believe I should be on school paperwork. I have been denied any communication with my children for Two years they move every time I find them. I was told that dhs was investigating them after the broken wrist thing. I just need help on what my legal grounds are so I don’t end up in jail bc I... View More

Melissa  Webb
Melissa Webb
answered on May 26, 2019

If you have an order allowing you visitation and the other party is refusing to comply with the terms of the order, you can file a motion to enforce the visitation order. There are other options, as well. I recommend you consult a family law attorney in the state/county where your divorce was... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Nephew not safe my sister mentally unstable addictive behavior self harm involved I need custody

drug abuse kids unsafe situations nephew stated showed self harm because of her

Melissa  Webb
Melissa Webb
answered on May 24, 2019

You may be able to get emergency custody, but more information is needed. I recommend you consult with a lawyer ASAP due to the serious issues at play here.

1 Answer | Asked in Family Law for Oklahoma on
Q: I filed for divorce and my husband has filed his answer with the courts he now refuses to sign waiver, the decree

I agree to all his terms now what are my options

Melissa  Webb
Melissa Webb
answered on May 24, 2019

If you agree to the terms, contact the county where the divorce is pending and determine if they have a certain time they accept non-contested divorces for approval. Keep in mind if there are minor children, Oklahoma law requires a 91 day waiting period between the time the divorce is filed to when... View More

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: I'm dealing with some personal issues from the death of my Daddy. He died in March of 2017. My stepmother has done her

best to remove me from his life from the beginning. I hadn't seen or talked to him since May 6, 2010. I was banned from the funeral and even my half-brother wasn't allowed to speak. We received nothing, no notification on division of property, her and her daughter have taken up residence... View More

Melissa  Webb
Melissa Webb
answered on May 24, 2019

It depends on if your father had a will or not. I recommend speaking to a probate lawyer.

1 Answer | Asked in Adoption for Oklahoma on
Q: I am doing an adoption on my own and the judge said that i need this affidavit of disclosure..how do i get this?
Melissa  Webb
Melissa Webb
answered on May 24, 2019

I believe the Judge is referring to an Affidavit of Non-Disclosure. You can get it from the court clerk for the county where the adoption is filed. Here is the law that applies:

A. At the time that a written consent to adoption or permanent relinquishment is acknowledged by a biological...
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2 Answers | Asked in Contracts and Construction Law for Oklahoma on
Q: Is a builder's 1 year warranty the same as a structural warranty for a new built home?

Our home was built in 2017, but appears to have structural issues. Would the builder be liable on a structural warranty?

Melissa  Webb
Melissa Webb
answered on May 26, 2019

You need to consult with an attorney that specializes in construction defect. They will be able to review the contract for sale and other documentation and discuss your options. Keep in mind many builders have arbitration clauses, so you also want to make sure the attorney you are retaining has... View More

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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: how may a US citizen and resident of Oklahoma, adopt an adult male (30 years old ) who is citizen of a foreign country?
Melissa  Webb
Melissa Webb
answered on May 23, 2019

Typically, adult adoptions are an easy process. The law requires the consent of the person to be adopted and the consent of the spouse of the person adopting. However, I recommend consulting with an immigration attorney.

2 Answers | Asked in Animal / Dog Law and Contracts for Oklahoma on
Q: Does the animal cruelty laws in state of oklahoma also applies from dr associated or veternary visit at a local petco?

A family member of mine's service in training dog was abused in choke position while the 1 year old puppy was screaming and crying while customers were staring at the vet dr at local petco. Plus the female doctor was also hitting him on the head and nose because of improper medical training... View More

Melissa  Webb
Melissa Webb
answered on May 26, 2019

Animal cruelty is a criminal charge, so the district attorney would determine whether or not to pursue charges if you file a police report.

If your dog was injured or died due to the mistreatment, you may have a property damage case. Although animals feel like family members, in Oklahoma...
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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Can file a paper in Oklahoma asking the judge to consider our divorce final before 6 mo. If so how?
Melissa  Webb
Melissa Webb
answered on May 26, 2019

In Oklahoma, if the divorce is uncontested, the Judge can approve it but if there are minor children there is a 91 day waiting period. In Tulsa County there is a certain Judge that approves uncontested divorces on certain days/times.

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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.

Melissa  Webb
Melissa Webb
answered on May 23, 2019

Luckily, you do not have to go to the expense of a home study for a step parent adoption, but you must have been married to the step parent for one year and the minor must have been living with you for one year. Also, if the step parent has certain criminal offenses he/she may not be eligible to... View More

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