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Questions Answered by Brian Boeheim
1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: What happens at a disposition hearing, is the case resolved (Final decree entered) and closed, or dismissed to refile?
Brian Boeheim
Brian Boeheim
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

2 Answers | Asked in Family Law and Child Support for Oklahoma on
Q: My question involves a family issue from Oklahoma

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?

Brian Boeheim
Brian Boeheim
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

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1 Answer | Asked in Child Custody for Oklahoma on
Q: If a child is born out of wedlock in the state of Oklahoma who does the child reside with until their is a court order?
Brian Boeheim
Brian Boeheim
answered on May 13, 2020

Mother unless there is DHS concern for the child's safety.

2 Answers | Asked in Probate for Oklahoma on
Q: When a will is filed and goes into probate, can the executor of that will burn papers, drive vehicles of the deceased et

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

Brian Boeheim
Brian Boeheim
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

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I run away at 17 I live in a house where I have been physically and mentally abused for years and im wanting to leav
Brian Boeheim
Brian Boeheim
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

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: My son's girlfriend is 17, her mom is verbally and physically abusive to her. Can she move out without her mom's consent

Police did nothing when abuse was reported and things got worse.

Brian Boeheim
Brian Boeheim
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

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I move out at 15 if I’m getting verbally abused at home and not feel safe
Brian Boeheim
Brian Boeheim
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

1 Answer | Asked in Child Custody, Family Law and Native American Law for Oklahoma on
Q: Is it legal for a custodial parent and the supervised visit people to not let u see ur child even tho its in ur courtord

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

Brian Boeheim
Brian Boeheim
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.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What can I do to get charges and a warrant dropped against my boyfriend that I didnt want pressed.

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

Brian Boeheim
Brian Boeheim
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

1 Answer | Asked in Child Support for Oklahoma on
Q: If the NCP is self employed, how is income asignment terminated for child support?

The NCP owns his own LLC law practice. Is he required to go through child support to terminate an income assignment to the CP?

Brian Boeheim
Brian Boeheim
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.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: Well incarcerated my house is broken should I have been asked if I wanted to press charges or not

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

Brian Boeheim
Brian Boeheim
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

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In 2020 if the police get a tip that you had some guns in 2018 can They get a search warrant
Brian Boeheim
Brian Boeheim
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

2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: If non custodial parent refuses to bring kids back to my town, what can I do? Kidnapping charges?

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!

Brian Boeheim
Brian Boeheim
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.

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2 Answers | Asked in Child Support for Oklahoma on
Q: My grown son says he voluntarily signed up to pay child support to his son through DHS in OK. Can he do that?

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.

Brian Boeheim
Brian Boeheim
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.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Does an inmate need a lawyer to get a one year case review in front of a judge?

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

Brian Boeheim
Brian Boeheim
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.

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2 Answers | Asked in Child Support, Divorce and Family Law for Oklahoma on
Q: Is the final monthly child support payment prorated to the last day of school or due in full for the month school ends

School is out mid-May. Graduation is late June. How should the final payment be handled?

Brian Boeheim
Brian Boeheim
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.

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3 Answers | Asked in Criminal Law for Oklahoma on
Q: Can two lawyers be hired for one case?

Charges are possession of controlled substance with intent to distribute. Client is worried additional charges may be applied as well.

Brian Boeheim
Brian Boeheim
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

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Gov & Administrative Law for Oklahoma on
Q: In Oklahoma local police took a friend's dog said he had pay fees and unrelated traffic tickets before returning dog
Brian Boeheim
Brian Boeheim
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

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My husband provided 2 DNA tests proving he was not the father & he voluntarily terminated his rights. Still owes to CSS.

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

Brian Boeheim
Brian Boeheim
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.

1 Answer | Asked in Child Custody, Child Support, Family Law and Tax Law for Oklahoma on
Q: Wife and I separated, she moved her and kids out to Cali before we established custody. We filed taxes married jointly

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.

Brian Boeheim
Brian Boeheim
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

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