Get free answers to your legal questions from lawyers in your area.
answered on May 15, 2020
Not really sure what you mean by a disposition hearing. If there is an agreed decree then a disposition hearing is nothing more then the Judge taking testimony that a divorce is what everyone wants. If there is any type of dispute to property, custody, or spousal support then it will be a trial.... View More
In Oklahoma, if a man and woman are married, and the wife has a child that turns out not to be the husbands, is he required by law to pay child support for the child that isn't his?
answered on May 13, 2020
I agree with Pete. I would emphasize his point that there are very specific time limitations. With that said, the law has changed recently, and fraud can provide you with more time to challenge the Paternity. Get yourself an experienced lawyer and you will possibly save yourself a bundle of... View More
My grandparents/parents were in an accident, and both deceased. They had one living, biological child. My sister and I are also heirs. We can't afford a lawyer, and my grandpa was always the one who I spoke with about things like this. The biological daughter is the executor, because I... View More
answered on May 12, 2020
This is a complex set of issues. You need an attorney to argue the executor (daughter) is not reliable and has/will exploit the estates assets for their own gain. The question is who can the court appoint as the executor instead. As I said at the outset, this is a complex argument, and you need... View More
answered on May 10, 2020
I believe I have answered this questions before. Your parents can report you as a runaway. They are liable for you until you reach 18 and they could face child neglect charges if they didn't report you. On the other hand, if you are in danger and are being physically abused, you can call... View More
Police did nothing when abuse was reported and things got worse.
answered on May 9, 2020
Technically, she will be a runaway and the mother will be at risk of neglect charges. At 17 she will not be able to enter into contracts or make other legal decisions, so it is complicated. If this young lady is being physically abused, then someone should call DHS, but understand that can get... View More
answered on May 9, 2020
I don't know your situation; emancipation is an option, but I would suggest finding someone who would be willing to be your guardian until you reach 18 years old. The courts would be much more open to that option. If it is really bad, and you are really not safe, you can always call DHS or... View More
Is it legal for the custodial parent and the supervised visit people to not let u see ur child on a day that u have a Court order saying u r supposed to be allowed 2 2hr visits every week as long as u schedule the visit by wed of the week prior.
I did schedule the visit a head and it was... View More
answered on May 9, 2020
Sad to say, this happens more often then you think. Have your attorney, or hire an aggressive family law attorney to file motions to enforce visitation or compel them to follow the court ordered visitation. If you you need help, please feel free to give us a call for a free consult.
We had an altercation to which I went to the hospital and was pushed to put a protective order against him by the advocate. I asked the detective to help him as he just lost his gma and broke his neck in a car wreck and was out of his mind quite literally. The protective order was dismissed with a... View More
answered on May 7, 2020
They cannot force you to testify. Oklahoma statue prevents the prosecutor from holding the victim of a crime liable. They may still subpoena you, and you have to show up, but you do not have to testify. You should hire an attorney for your boyfriend right away to get ahead of this. You want to... View More
The NCP owns his own LLC law practice. Is he required to go through child support to terminate an income assignment to the CP?
answered on May 5, 2020
That doesn't make sense based on your short description. I would have to know more in order to provide you with any realistic guidance on this matter. Give us a call.
I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not
answered on May 3, 2020
The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they... View More
answered on May 3, 2020
What can happen is different from what should happen. A tip from a confidential informant that is for all purposes 2 years stale, should not be enough for a search warrant. If there are other issues and evidence and this is just one small supporting part, then it is possible, but it still makes... View More
Our papers state he picks them up from me and drops them off to me. I have full sole primary custody of our two boys! He is refusing to drive to my town and drop them off now because he is now engaged! He wants to still run me over!
answered on May 3, 2020
You need a writ of assistance or writ of habeous to enforce you custody order. If he is out of State then there is another step, but all of these can be dealt with swiftly with an attorney. He will also very likely have to pay the attorneys fees under the circumstances listed in your question.
There is only a written agreement that he signed at the time of the divorce to pay child support. He isn't behind, but said he wanted it to go through DHS.
answered on Apr 30, 2020
Yes, and since he is paying child support, he may want to formally file for paternity, so he can guaranty his rights to visitation. He will need an attorney for that, even if the parents are in agreement. You never know when that type of oral agreement may fall apart.
My boyfriend was given a 13 year sentence over a year ago. Since being incarcerated the laws have changed and 2 of his charges are now misdemeanors and the other 2 carry a max sentence of 10 years. What does he need to do to get a one year case review in front of a judge? Is there anyway to get his... View More
answered on Apr 30, 2020
Commutation is his best bet. As David said, hire an attorney that does commutations, or if you are in Tulsa you can call the Public Defenders Office. They had a team of people working on them, but I don't know how long a waiting list that would be.
School is out mid-May. Graduation is late June. How should the final payment be handled?
answered on Apr 29, 2020
It is my opinion that it will be due in full unless it specifically says differently in the support order.
Charges are possession of controlled substance with intent to distribute. Client is worried additional charges may be applied as well.
answered on Apr 25, 2020
You have the right to as many attorneys defending you as you can afford. The real question is why? It is my opinion that you would be better served to hire a Law Firm who has the resources to provide you with the best defense possible. Having a cohesive strategy and organized resources tends to... View More
answered on Apr 22, 2020
Normally, law enforcement can take possession of a dog if hasn't been inoculated, spayed, or neutered, or if it is "at large", has bitten someone, or is deemed dangerous, and yes, at least under Tulsa Municipal Ordinances (Title 2, Section 109), there are reclaiming and impoundment... View More
My husband did a private DNA test in 2016 and he was not the father. The child was taken into DHS custody in 2018 and my husband was given a 2nd DNA test and it showed once again he wasn’t the father. He voluntarily terminated his rights but because of the acknowledgement of paternity paper he... View More
answered on Apr 20, 2020
He needs to file a petition to remove himself from the acknowledgement of paternity. We ahem done several of these lately. In some way this is straightforward, but there are some serious pitfalls if you are not careful.
She had the money direct deposited into her account and is refusing to give me my half. She does have a PO against me but I am suppose to have supervised visits and talk to my twice a day and am not getting that.
answered on Apr 19, 2020
The first question is whether you and your wife are legally separated or just don't live together? If it is a legal separation, then you have some legs to stand on, but if it is not filed then you may have some trouble. Because you used the terms supervised visitation, that gives me the... View 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.