Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Benjamin Oxford
1 Answer | Asked in Family Law for Oklahoma on
Q: Can I get my son back after he has been adopted out I don't have my right to him but I want him back

I didn't understand what I was doing at the time it was happening

Benjamin Oxford
Benjamin Oxford answered on Aug 27, 2019

It's not impossible, but certainly very difficult. You should contact an adoption attorney as soon as possible to see what your options are. The longer you wait, the less likely you will have any success.

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Is there any way to keep adult children from receiving part of a wrongful death settlement

Children have had nothing to do with their father in 30 years.

Benjamin Oxford
Benjamin Oxford answered on Aug 27, 2019

Probably not. There are two possible types of wrongful death cases. First, the estate of the deceased can bring the claim, in which case the settlement proceeds are divided up according to the terms of the will, and if there is no will the settlement proceeds are divided among the heirs. This... Read more »

1 Answer | Asked in Employment Law and Business Law for Oklahoma on
Q: Non-compete enforcement in Oklahoma

My son signed a non-compete agreement with a friend that has a mobile car detailing business. The friend did not provide for him so he started his own mobile car business. Now the friend is suing for non-compete. We live in Oklahoma. My son has not solicited any existing customers but has... Read more »

Benjamin Oxford
Benjamin Oxford answered on Aug 21, 2019

Oklahoma Courts look unfavorably at non-compete agreements, and certain types of these agreements are unenforceable. That being said, it's not absolute. Your son needs to contact an attorney immediately. If he has been sued, he may need to respond to the lawsuit or risk a default judgment being... Read more »

2 Answers | Asked in Employment Discrimination, Civil Litigation and Civil Rights for Oklahoma on
Q: If my employer gives me a drug test do I have a right to the reports, statements, and results regarding the drug test?

I passed the test, of course. It was during an investigation that HR was looking into. I had called about my supervisor, Curtis and his discrimination against me.

I have to ask for documentation of certain things. But I'm wondering if I have the right to all documents regarding that drug... Read more »

Benjamin Oxford
Benjamin Oxford answered on Aug 9, 2019

By law the employer has to make these records available for your inspection and copying, but only upon your request. The law is found at Title 40, Section 556, the Standards for Drug and Alcohol Testing Act. I recommend you make the request in writing. If you have questions, feel free to contact... Read more »

View More Answers

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Do you think I have a case? Miscarriage due to refusal of medical treatment while in jail for 41 days in two counties.

I was also considered high risk i was 5 months pregnant when i had the miscarriage. I told the guards about hurting and was still refused medical treatment. March 2019- April 2019 41 days incarcerated

Benjamin Oxford
Benjamin Oxford answered on Aug 7, 2019

Yes you may have a case. You need to show that the jail was aware of your medical needs, or it was otherwise obvious, and the jail was indifferent to this need. You must also show the lack of care was the cause of the miscarriage.

You need to hire an attorney with experience in civil...
Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: If there is central air in my apartment and it goes out does the landlord have to fix it

They also told me I could not put window units in,

Benjamin Oxford
Benjamin Oxford answered on Jul 31, 2019

Probably yes, but it depends on your lease. The landlord has to keep the apartment in a habitable condition, and not having air conditioning probably renders the apartment uninhabitable in the summertime in Oklahoma. That does not necessarily mean you can break your lease, but the landlord is... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I'm from Oklahoma. What constitutes common law in this state?

We don't own any property in common. But I do pay all the utility bills as my contribution for living in his house. I don't plan to marry him. And I was wondering, if I came into some money if he could claim part of it because we've lived together for 2 years.

Benjamin Oxford
Benjamin Oxford answered on Jul 16, 2019

No. Living together is not enough to create a common law marriage in Oklahoma. You have to treat each other, and hold out to the public, that you are married. Taking the same name, having children, sharing bank accounts, owning property, and telling the general public that you're married are all... Read more »

1 Answer | Asked in Construction Law for Oklahoma on
Q: Can a builder ask for compensation without a written contract for suggesting an architect and meeting with you ..

I met with the builder couple of times and am paying the architect, engineering and surveyer . he did ask to be copy pasted on all emails and did attend a couple of meetings .. we never had a written contract.. the layout is 65% done and it’s time to give it off for bidding.. this guy was very... Read more »

Benjamin Oxford
Benjamin Oxford answered on Jul 16, 2019

Possibly. It depends on what your discussions were. Verbal contracts can be binding. It doesn't help that he was copied on emails and attended some meetings. That may entitle him to some amount of compensation, though probably not much. I would need more information before telling you for... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do I find Oklahoma law/Statutes prior to 2006? Specifically §22-3 and §22-152 from 1996?
Benjamin Oxford
Benjamin Oxford answered on Jul 10, 2019

You can go to www.oscn.net and find what you need. Click on Legal Research, then Oklahoma Statutes Citationized, then go to the title and section you're looking for. The current version will display, but towards the bottom of the screen there will be a link to superseded documents. Find the... Read more »

View More Answers

1 Answer | Asked in Employment Law for Oklahoma on
Q: Employer assured me a nuetral refrence & gave me severance pay. I checked up on them and they are not keeping their word

Three different times I asked what reference they were going to give me. I was assured, even in writing that it would only confirm my dates of employment and the position. Since I havent been hired I was suspicious about what was being said by previous employer. I have a recording of my former boss... Read more »

Benjamin Oxford
Benjamin Oxford answered on Jul 9, 2019

When you apply for a new job, they often request permission to contact your former employers. If you consented to this, then your former employer is immune from civil liability, per the law in Oklahoma. If you can show they provided false information, then the former employer loses their... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Oklahoma on
Q: Can a son sue for wrongful death of father for medical malpractice if the father's wife doesn't want to?

My father died of cancer. He went to the Dr. for a clot in leg. CT showed stage 4 cancer in lung, liver, elsewhere. Upon getting this news my father said he had 2 chest x-rays done months before at a pulmomologist's office and after the last one the Dr. said it might be cancer. No one knew of... Read more »

Benjamin Oxford
Benjamin Oxford answered on Jun 21, 2019

I'm sorry to hear about your father. You can sue on your own behalf, and potentially on behalf of your father's estate.

The wrongful death statute in Oklahoma allows children to bring their own claims for grief and financial loss. Additionally, you can bring the claim on behalf of the...
Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is it illegal to fire an employee who's off the time clock and not to told they were fired to there face? Is

i was told by 2 cma's not the administrater i'm no longer aloud on the property or the cops will b called

Benjamin Oxford
Benjamin Oxford answered on Jun 7, 2019

Yes. Those circumstances alone probably do not make the termination wrongful, but we would need more information. Oklahoma is an "at will employment" state, but there may be other reasons the termination was improper.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: will a notarized letter save me from paying if I break my lease? . Needing to break it because of job relocatig
Benjamin Oxford
Benjamin Oxford answered on Jun 7, 2019

Probably not, but it depends on the terms of the lease.

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Utah on
Q: When I was 9 (I'm 14 now)someone tried to rape me and did sexually assault me can I press charges w/ no evidence?
Benjamin Oxford
Benjamin Oxford answered on Jun 7, 2019

You can certainly file a police report, because your own testimony is evidence. However, whether charges can be brought depends on the statute of limitations that exists in your state. Most states allow charges to be brought until a certain amount of time after you turn 18 years of age. So, most... Read more »

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.