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Questions Answered by Brian Boeheim
1 Answer | Asked in Child Custody for Oklahoma on
Q: My ex will not let me see my child and filed for child support and moved her boyfriend in within 2 months of meeting

I try to call her weekly she will not answer and she's moved her boyfriend in within 2 months of meeting

Brian Boeheim
Brian Boeheim answered on Dec 12, 2019

When you say ex, what do you mean? Do you have a divorce decree? Are you just spilt? Has the Court defined you as the father? Was there a Paternity action, or was the child born out of your marriage? Do you have a custody agreement?

Those are some of the questions that need to be...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is enabling child neglect that was amended from child neglect a violent time prison felony??

My boyfriend was previously charged with child neglect and was amended to enabling neglect

Brian Boeheim
Brian Boeheim answered on Dec 11, 2019

Yes, enabling child neglect is still a violent crime under 21 O.S. 13.1 and 21 O.S. 843.5.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How to go about getting guardianship of my nephew's in Oklahoma

Both parents have been on drugs I have had both boys for over 6 months now

Brian Boeheim
Brian Boeheim answered on Dec 10, 2019

Guardianships are pretty tricky. The real question is whether they will fight the guardianship. If they have not financially supported the children and have not made efforts to visit and continue the relationship it makes it easier. Give us a call, and we can talk you through the specifics.... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: I am getting a uncontested divorce we are in our 90waiting period. We both have agreed that I get the house.

We had our mediator include this in our papers to file. If I go ahead and refinance do we have to redo those papers before our hearing?

Brian Boeheim
Brian Boeheim answered on Dec 9, 2019

The real issue is whether you are both on the original mortgage, or if you are going to be on the new mortgage alone. The quick answer: If you document the agreement with your spouse that he agrees to you refinancing the mortgage, there is no problem. He can sign his portion of the house to you in... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: How much is a divorce ?
Brian Boeheim
Brian Boeheim answered on Dec 8, 2019

It depends on a lot of things. Whether their are children involved. The amount of assets (houses, cars, retirement accounts). It also depends on how many things your and your to-be ex agree on these issues already. Most attorneys will ask for a retainer or $1500 to $2500 and they will bill off... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Oklahoma on
Q: Can an investigator be held accountable for perjury if his affidavit of support is heavily relying on the falsehood?

The falsehood was a flat out lie that I had no business at the courthouse on day in question. That my sole intention was to be there to harass and intimidate a person who has a protective order on me. There can't honestly be a valid reason he didn't know that I was the petitioner and the other was... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 7, 2019

It wouldn't be perjury, but it could be considered prosecutorial misconduct. The reality is that there is very little that can be done about these types of misrepresentations. It would just be passed off as a "reasonable belief" based on the informations and evidence they had at the time. The... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: if I have been convicted of multiple felonies and sentenced to prison in the past can they give me a split sentence now

The charge that gave me a split sentence on was assault and battery with a dangerous

Brian Boeheim
Brian Boeheim answered on Dec 3, 2019

They can always waive prohibition and allow you the opportunity to have probation. Split sentences are a double edged sword. It is important to understand how much time you would have to invest compared to the amount of time you would be in the crosshairs of a P.O. and the police. Is it better... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My son has no custody or visitation of his son. He does pay court ordered child support in NC.

We learned today that the mother has moved the child out if state and not told the court or DSS. Is this legal and is my son still obligated to pay support?

Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

Until a motion for modification of child support is filed, he will still owe child support. If she moves, this may eventually change the jurisdiction for child support. It does give your sonar opportunity to reopen the issue of visitation or custody, if she is acting in a manner that is not int... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How can I or who must I contact to find out if DHS has filed a deprived petition against me?
Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

They should provide you notice. This is a legal action which requires a court setting, and therefore you will be served. If you think this is even a possibility, you should hire an attorney. Far too many people think there is no point, since DHS wields so much power, but as some of our clients... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: husband has already been to prison 2time in a different state for totally diff charges from where he is now can it used

can my husbands past charges be used against him again if he has already served time for what he did and if the charges are over ten yrs old

Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

It depends on what his previous charges were. Enhancement (giving him more time) can happen with certain drug charges if he was charged prior to 11/1/19. They can also be used as a basis, if the new charge involves guns. Finally, they can be used in trail or hearings if they are involving moral... Read more »

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1 Answer | Asked in Child Custody for Oklahoma on
Q: upcoming custody hearing

We have 3 children, 2 boys and 1 girl. Both boys are biological mine and she legally adopted them 10 years ago. Our daughter was born during our marriage. She want to give up her Parental rights on both boys but wants full custody of our daughter. How will the courts look at this in regards to the... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 1, 2019

There is a lot for the court to take into consideration. The age of the boys, and the age of your daughter. Their relationship with their mother. Giving up parental rights is seldom looked upon positively, but without more details it is hard to approximate how a judge would weigh this... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: it's been over a year since my husband filed for divorce I was wondering if the divorce papers expire

Nothing has happened in our case since December 13th of last year and all we did was make our first appearance we are legally still married I just need to know if the papers expire or what it's been over a year with nothing done

Brian Boeheim
Brian Boeheim answered on Nov 26, 2019

No, it will just hang out there waiting for one of the parties to file something to get it moving again. The real question, do you want to move the divorce forward? If you do, and you are in Tulsa or one of the surrounding counties, give us a call at 918-884-7791...Boeheim Freeman Law.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was charged with obtaining property under false pretense but I haven’t done anything of such what should I do my wife

Is on disability and I work part time so I am unable to pay for a lawyer and they put a warrant out for me the next day the charge was filed but I know I haven’t done anything like this so I’m confused and don’t really know what to do ?

Brian Boeheim
Brian Boeheim answered on Nov 24, 2019

If you still have a warrant out outstanding, you need to take care of that. Find a bonds person who will work on payments and some attorneys will also take payment plans. Obviously, someone has accused you of getting something from them without paying for it or providing the services for it. You... Read more »

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: What kind of questions will DHS in Oklahoma ask when they make a visit to a house. It's a first offense?

Cops got called to a domestic fight and found out that a small child lived in the home. Th cops arrested the dad and told the mom that they had to get DHS involved.

Brian Boeheim
Brian Boeheim answered on Nov 23, 2019

I agree with Mr. Elliott, and would add that you must be very careful because the statements you make DHS will almost certainly go to the District Attorney. I am not trying to scare you, but this could lead to criminal charges of Child Neglect or Endangering. You should speak with an attorney,... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Do u have to take a deferred sentence in a misdemeanor marijuana and paraphernalia in ok
Brian Boeheim
Brian Boeheim answered on Nov 23, 2019

A deferred sentence is still a plea of guilty, which has negative ramifications. Yes, if you successfully traverse the probationary period, and pay all your fines and fees, you will have the case dismissed and expunged, but what if you don't? Then you may have a permanent mark on your record or... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How much will a bond be for intimidating a witness (class c felony)?

I'm in Arkansas!

Brian Boeheim
Brian Boeheim answered on Nov 20, 2019

It depends on the county and the severity of the intimidation.

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I respond to a divorce and child custody petition if I don't agree without an attorney?

I can't afford an attorney. I live in Oklahoma. Do I write a letter to the petitioners (soon to be ex) attorney or just appear in court?

Brian Boeheim
Brian Boeheim answered on Nov 19, 2019

You have a duty to respond. Always show up to court. Without getting long winded, without an attorney, you will be taken advantage of by your spouses attorney. If you are in Tulsa, call us and we will see if we can help. 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Consumer Law and Criminal Law for Oklahoma on
Q: Police should be required to facilitate returning a stolen vehicle when recovered at no cost to owner. What can we do?

When a stolen vehicle is recovered police often call a towing service right away without even trying to contact the owner. Owner has to pay horrendous charges to get their vehicle back. It feels like extortion. No other theft is treated like this. If a citizen finds someones wallet, aren't they... Read more »

Brian Boeheim
Brian Boeheim answered on Nov 19, 2019

I know this doesn't answer your question, but if they find the person who stole your vehicle and charge them, you can demand restitution for all damage to the vehicle and I believe towing and storage services. Upon conviction the person would be required to pay you or face incarceration.

1 Answer | Asked in Family Law, Adoption and Child Support for Oklahoma on
Q: My children were adopted by my parents years ago I ambeing sued for child support for after adoption what is the law
Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

Parent’s are still required by law to pay child support even after a parent’s rights are terminated. A parent is relieved of any further child support obligation upon the court receipt of a final decree of adoption. A parent would always be required to pay the back child support, pursuant to a... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: When an ex parte emergency custody order is made and given to the judge, does the opposing party get to give their side?

I'm asking if them and their lawyer get to go before the judge and plead their side the day the order is brought to the judge

Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

You must give the opposing party some notice (usually a couple of hours is the standard) prior to presenting the Judge with an Ex Parte emergency order. Even though I have shown up for my client in these situations, there is no statutory requirement that the Judge must listen to argument. There... Read more »

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