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Questions Answered by Brian Boeheim
1 Answer | Asked in Child Custody for Oklahoma on
Q: can my babys dad take my child away from me? hes not on birth cert. and he was 17 and i was 12 when got me pregnant

and he does provide for baby but does not get to see her offten because i have no control on when he can come see her im a minor and dont have my own place its all up to my guardian

Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

This is a much more complex question than can be answered in this format. The part of the answer is that he would have to file for paternity in order to invoke any parental rights. Considering the fact that he is guilty of a crime based on your age difference and the sexual nature of your... Read more »

2 Answers | Asked in Child Support for Oklahoma on
Q: The house was paid off. It was worth 40k. I had her give me 10k. The rest was for 250.00 child support til child turned

18. We have 50/50 custody. I left state 3 mos. Later,changed job to 53k a year. Now see child every other weekend. She now wants more child support,though in notorized document she stated she would never ask more child support. Not in decree. Just notorized paper she wrote and agreed to.

Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

Even though you have gone from 50/50 to weekends you still have rights to 182 overnights. So, unless you have increased your income dramatically, I would be surprised if your child support rate would change. She can ask for whatever she wants, but it will be up to the Judge if she wants to fight... Read more »

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3 Answers | Asked in Child Support and Family Law for Oklahoma on
Q: Do you know the qualification for the lack of providing child support for the child in terminating the paternal rights?

Is it still not complying with the court ordered payments for 6 of the previous 12 months? Also is paying partial payments considered complying or not since the full amount was not received?

Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

Pete nailed it. 12 of the last 14 months for adoption. The only other angle would be through a Juvenile termination for child neglect, but that would be a stretch, especially if you have made any payments at all.

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1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: what to expect with first offense domestic a&b charge?

My brother was arrested yesterday for domestic a&b after my sister attacked him. She pressed charges against him but he did not against her. She wont show up to court she is addicted to drugs and hardly there. What should I expect? I am very scared he is going to get prison time over this. She... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 2, 2020

If it is a first offense, it should only be a misdemeanor. That means the worst he can get is 1 year jail time. If she is not going to testify against him then most likely it will be dismissed unless he gave a statement incriminating himself or someone else witnessed the altercation and they are... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In a Criminal case in the state of Oklahoma, how many times will a judge post pone an Attorney Status Hearing?

I am trying to take out a mortgage to pay for an attorney. How much time am I legally allowed to do so before the judge puts me back in jail?

Brian Boeheim
Brian Boeheim answered on Dec 2, 2020

It very much depends on the Judge and the county. One thing you have working for you at the moment ismost of the courts are closed or closing until after the New Year due to the risk of COVID.

1 Answer | Asked in Child Custody for Oklahoma on
Q: If my ex sends me court papers, could it stop me from moving to another state....even though he’s in another state too?

.

Brian Boeheim
Brian Boeheim answered on Nov 1, 2020

There is a lot to unpack here. First, has a Paternity case been filed? If not, then he really doesn't have any rights at all. If, not he other hand, the court has determined paternity, then Oklahoma will have jurisdiction over custody and visitation. With that said, all you would need to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: How do I file a motion to stop relocation of my children?

My husband moved my children out of state with out judges permission an mine he made it seam like it was a visit but he has moved

Brian Boeheim
Brian Boeheim answered on Oct 23, 2020

You really need to hire an attorney for this type of action. It i a breach of the child custody order and would be considered contempt. There are certain hurdles a person must jump through if they move more than 75 miles or outside the agreed distance in the decree or paternity order.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: It's not in the provisions of probation but the officer says she doesn't prefer probationers have contact with felons?!

Is she allowed to say no contact, except meetings or groups? It is not in the order signed by the Judge. *edit* we wish to get married. He is 15+ yrs clean and I have 2+yrs clean.

Brian Boeheim
Brian Boeheim answered on Oct 20, 2020

Both DA and DOC supervision have a clear restriction on being around felons. There normally is an exception for spouse, but otherwise it is a breach of probation.

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: can Title 22. Criminal Procedure §22-445. Transfer to county of proper venue be used when dealing with a Native American
Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Subject Matter Jurisdiction issues are being argued based on McGirt and Murphy cases in Oklahoma. You need to be on a role and have a CBID card that shows you have a blood quantum. Further the crime must have occurred on Muskogee/Creek territory. I believe there has just been a ruling regarding... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the county attorney wants to put the preliminary hearing off for a later date is that a good thing or a bad thing
Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Depends...if they are having a hard time finding their witness then I don't like it because it gives them ore time to find them. If on the other hand, they are contemplating new evidence that might exonerate you then it is a good thing. Generally, I prefer pushing forward and calling ready.... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My sons father likes to tell people hes there for my 10 month old son and hes not.

Im trying to see what the odds are of getting soul custody of my son. Hes 10 months old and his father is bad into drugs and lives in his car because his ex kicked him out. He does have a job at a gas station but has only helped me twice since my son has been born with diapers. He never sees my son... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Not sure what your legal situation is at the moment, so it makes it hard to answer your question. There are two types of custody: Legal and Physical Custody. Legal Custody is about making decisions for the child. Examples would be where to go to school, church, medical treatment, etc. Physical... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I took 2 sleeping pills, 2 pain pills and my new dose of anti depressants and couldn't sleep so I went to walmart.

I scanned my items in self checkout. I noticed the machine was making a weird beeping when I scanned. Finally a worker came over and fixed it. So I went to leave and they asked for my receipt. They contained me saying I was a thief. I dont remember much of the event but I think she said I was... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

You should hire an attorney, even if it is just a municipal charge. These types of charges can haunt you. Let an experienced attorney handle this for you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Im just trying to get a nother court date Im in canadian county Oklahoma court October 7
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

I think I actually answered this already. Contact two attorneys and get quotes on retainers. Then tell the judge who you talked with and that you need more time to retain them.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Im trying to get my court date put off for another time so I can figure out money to pay one im in Elreno Oklahoma
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

It really depends on how many times you have gone to court whether the judge will give you more time. Usually, most judges, will give you time to retain an attorney. My suggestion is to contact at least two attorneys and get prices. Let the judge know that you have contacted those specific... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How much ia that? I just recently lost my job do I have no money
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

seems like you are requesting an price estimate? Without more information, it is impossible to answer your question. Sorry.

2 Answers | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: I just recently lost my job and my wife is refusing to let me see my kids been like this for going on 2 years.

please i don't know what to do

Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

If you have no money at all, then you might reach out to Legal Aid or one of the Christian Charities.

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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: if my daughter is 18 and she’s dating a 13 year old and nothing sexual is happening, would she get in trouble, how much?

they’ve been dating since she was 17 and she just turned 18 not even a month ago.

Brian Boeheim
Brian Boeheim answered on Oct 2, 2020

Generally speaking anytime there is an adult and the minor under the age of 16 years, you have considerable risk, in that the minor cannot give consent to anything. Also, Lewd Molestation, child pornography, etc. are charges that could be alleged for as little as selfies in bathing suits, or... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: Parent moved child out of state but hasn't established residency. Joint custody is order does parent have to move back
Brian Boeheim
Brian Boeheim answered on Oct 2, 2020

In most cases, the relocating party must provide notice well in advance in order to offer the other party time to object. If they just move and take the child with them, then you can file an Application for Contempt for staters. Unless there is a very good reason for the move and it won't... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Is it possible for a father to get at least 50/50 custody of his children from the mother in Oklahoma?

They were never married, no abuse except for mental abuse from her to him. They have 2 children but my husband accepts her other child as his and we have him when we have the others. Her family says she never has them, either we have them or her mother or sister do. Kids are 8, 9, and 12.

Brian Boeheim
Brian Boeheim answered on Sep 30, 2020

I agree with Pete. We have Father's who get 50/50 all the time. We even have some Father's who are the primary custodian. It is a case by case determination.

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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Ongoing domestic violence court case against intimate partner and I do not wish to testify, legal punishment for me?

Domestic violence case, this is a preliminary hearing, I want the charges dropped, we have a daughter together but shes not with me or him, shes with my mother and that i have to be served papers and if they dont then his charges will be dropped and so far no papers at all have been served to me at... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 28, 2020

You are correct, the DA cannot charge you or in any other was threaten you to testify if you are the victim. With that said, that does not prevent DHS from opening a case. This happens more than it should.

The service of a subpoena is not the real issue. The issue is your willingness to...
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