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Questions Answered by Hans Otto Lehr

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: Is it possible, without seeing a judge to live with my mom (who doesnt have custody) rather than my alcoholic dad.

Hans Otto Lehr answered on Aug 6, 2019

It is possible if your Dad agrees to let you live with your Mom. However, if you Dad has custody and does not agree, your Mom is going to have seek a change of custody and that will require Court intervention. If your Mom is serious about doing that, she will need to seek the advise of a family... Read more »

1 Answer | Asked in Child Custody for Oklahoma on

Q: My 12 y/o step daughter type 1 diabetic. She stated numerous times her mother does not check her work. What can we do?

Her blood sugar bottoms out a lot, the sky rockets to the 3-400' s. We her dad and I have her on school breaks we keep it under control with diet. She was diagnosed in September 2015 and still don't have a lot of knowledge about it. She has told us that the her mother told her not to listen to the... Read more »

Hans Otto Lehr answered on Aug 6, 2019

You may have a case for a custody modification. It sounds like the best interest of the child is going to be in your care and custody if her Mom is truly not making any efforts to control her diabetes. Also, any Judge would likely agree that it is dangerous to not listen to medical... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on

Q: My child’s father lives in NYC and I live here. We agreed $650 a month since birth but now that I filed its $290?

This can’t be right. What can I do?

Hans Otto Lehr answered on Aug 2, 2019

There are many reasons why the child support amount can change. There may have been a change in income for one or both of you, the obligor may have additional child support obligations out there and/or the obligor may be receiving some other credit which reduces his or her amount owed. There is... Read more »

1 Answer | Asked in Divorce and Child Support for Oklahoma on

Q: My ex and I are still married and have not been together for 3 years he is just at resident here in the US...

I put child support on him 4 months ago and have not gotten anything... I also need help with a divorce.I am a single mom and i don't have the money to get one....

Hans Otto Lehr answered on Jul 31, 2019

You may be able to handle your child support action on your own through DHS' Child Support Services office. Most folks go through their process for child support enforcement without the assistance of an attorney.

However, I would always recommend the assistance of an attorney when...
Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: Custody case and appointed guardian case need a lawyer and I think I am not getting treated right and unfair in Cherokee

Its alot of different stuff even the judge is being unfair and I feel like my lawyer I paid is not doing anything these people got my kids and I have done everything my kids are not good there can someone please get ahold of me I really need help please call 5808840724

Hans Otto Lehr answered on Jul 31, 2019

I would encourage you to speak with your lawyer directly first. See if you and your lawyer can come to some understanding regarding expectations, whether those expectations are reasonable, and what it will take to meet or exceed those expectations. It is not always a good idea to change horses... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Domestic Violence for Oklahoma on

Q: Hello my name is Ashlie , I am in need of an attorney, how do I file harassment by other parent in my case

I am I a custody case with absentee father. He wants joint custody now he was going to be forced to pay child support. He never had asked for her snf or bought anything. He currently I'd threatening me, calling g all state agencies trying to hinder me in any way he can. What can I do?

Hans Otto Lehr answered on Jul 31, 2019

What you need to do depends on the type and level of harassment and threats. They may rise to the level of needing an Order of Protection against him. If nothing else, the evidence of harassment and threats may be used in your custody case against him; it doesn't sound like joint custody is going... Read more »

1 Answer | Asked in Family Law for Oklahoma on

Q: How to terminate a domestic relationship in Oklahoma

Hans Otto Lehr answered on Jul 31, 2019

The answer to your questions depends on the type of domestic relationship, marriage, common-law marriage, etc. All types of domestic relationships can be terminated one way or the other, but the methods needed can vary depending on the factors involved. Contact an attorney licensed to practice... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on

Q: How do I subpoena someone to trial? I am representing myself.

Hans Otto Lehr answered on Jul 22, 2019

Head to the Court Clerk's office in whatever County your trial is in and ask the clerk at the "Family" desk (assuming they have one in your County) for a subpoena. They should have a form that you can fill out by hand.

1 Answer | Asked in Family Law for Oklahoma on

Q: I got a letter from CSS looking for my sons father. I have never applied for CS why did I get this?

He has gotten soonercare for three years. Each year I check no on starting a child support case when applying. I got a letter in the mail trying to locate the father of my child from child support services. I’m unsure as to why I would get something like this? I will call them of course but it is... Read more »

Hans Otto Lehr answered on Jul 15, 2019

CSS can, and frequently does, initiate child support cases on there own, even when neither parent requests the commencement of an action. Since child support is technically something the child is entitled to, and not you, CSS will enforce collection on the child's behalf with or without your... Read more »

4 Answers | Asked in Criminal Law, Family Law, Traffic Tickets and Child Support for Oklahoma on

Q: What can I do if I can't need an attorney but I lost my job/home I have criminal,family,traffic cases

I am homeless and jobless after a bad divorce and many alcohol and drug addiction problems. I need to find an attorney to help with the mountain of legal problems I have but have no way to pay for a good attorney and I don't know what to do because the longer I put these problems off the worse they... Read more »

Hans Otto Lehr answered on Jul 15, 2019

You may want to check into Legal Aid. They can occasionally help people in your situation.

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1 Answer | Asked in Child Support and Family Law for Oklahoma on

Q: Child support case

When I filed I wasn’t sure who the dad is. But I now know who the dad is. He is willing to sign the AOP and put his name on the birth certificate. If I tell child support I know who the father is will they change the case or will they need anything else?

Hans Otto Lehr answered on Jul 12, 2019

Depending on how old the child is, simply signing the AOP may be sufficient enough for DHS-CSS to start collecting child support from him. You may simply call them to see what else they need. In some situations, they may require genetic testing as well.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on

Q: My father passed away. He had a will and I am the execator . The will just states to divided everything equal among my

among my two sisters and me. How long do I wait to divide to see if any bills come in. He didn't owe anything. Didn't have much

Hans Otto Lehr answered on Jul 12, 2019

If he has an actual will, not a trust, you'll need to file a probate action and present the will to probate Judge to get an order from the Court to divide up the assets. Having an attorney to help you will ensure this is done as quickly and efficiently as possible. However, there will be... Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Real Estate Law for Oklahoma on

Q: My parents divorced 20 years ago. Mother never sold house as directed. Now she is passing. What type attorney is needed?

Fathers estate has 3 people that are not on mothers. When mother passes there will questions regarding the property and whonis goes to. Only myself and sster are on both estates. Father only payed 18 months or mortgage before divorcing mother and died owing substantial childsupport. Would court... Read more »

Hans Otto Lehr answered on Jul 9, 2019

I would say that you need the services of an experienced family law practitioner licensed in the State of Oklahoma. That person should be able to handle most (if not all) of the issues that you're experiencing now.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: Can the father of my baby legally keep the baby if I took him for an overnight visit?

I dropped of the baby to his father for an overnight visit. We are not legally married. Now he refuses to give him back. I did put his name on the birth certificate. They accused me of doing drugs and called CPS who did a drug test that I passed. How can he legally keep me from my baby?? And how do... Read more »

Hans Otto Lehr answered on Jul 9, 2019

It depends on what has happened in your case thus far. Is there a paternity order that directs issues of custody, visitation, etc.? If so, and he is not returning the child per the Order, he may be held in contempt of Court for that. If there is not a paternity order, and DHS has him listed as... Read more »

4 Answers | Asked in Estate Planning, Tax Law and Probate for Oklahoma on

Q: My father died with no will. His house/property went to myself and his wife. She hasn’t paid taxes in 4 years. Options?

I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible... Read more »

Hans Otto Lehr answered on Jul 8, 2019

If he had no will, how did the property pass to you and his wife? Was it held in trust? Who is on the deed presently? There are a lot of questions and issues that you will need to discuss with an attorney. It may be possible to still file a probate and settle the ownership issue, if that is... Read more »

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on

Q: If I lose a jury trial what will happen if dhs is involved?

Hans Otto Lehr answered on Jul 4, 2019

A lot more information is needed before I can try to answer that question. You should consult with an attorney licensed in Oklahoma ASAP, especially if you have an upcoming jury trial.

1 Answer | Asked in Divorce and Family Law for Oklahoma on

Q: I have been separated for 3 years & filed for divorce 2 1/2 years ago but husband won't sign divorce papers.

I'm currently pregnant by someone else can I still file for divorce by default?

Hans Otto Lehr answered on Jun 28, 2019

While you are pregnant, your future-former husband is the presumed legal father of your unborn child, unfortunately. You may be able to still proceed with pursuing a default divorce decree to a point. This will almost certainly require the assistance of a licensed attorney who has experience in... Read more »

2 Answers | Asked in Family Law, Child Custody and Native American Law for Oklahoma on

Q: What would be a reason we are still in emergency temporary guardianship 16 months later?

We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months of a... Read more »

Hans Otto Lehr answered on Jun 28, 2019

There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."

As to your second point, I would need to see...
Read more »

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on

Q: Is there a packet or forms to file a petition of custody in Oklahoma?

Hans Otto Lehr answered on Jun 27, 2019

There is not necessarily a standard, one-size-fits-all "packet" of forms available, as some divorces require different or specific forms and filings. If you contact a family law attorney licensed in Oklahoma, s/he will be able to walk you through the needed forms for your particular situation.

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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 »

Hans Otto Lehr answered on Jun 24, 2019

If the biological father has not had substantial contact with the child in 12 months, you may be able to proceed with an adoption without the biological father's consent on the grounds of abandonment. Failure to pay child support and lack of interest in exercising visitation in this time can be... Read more »

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