Get free answers to your legal questions from lawyers in your area.
My brother's son was taken over state lines to Missouri or DHS has taking my brother's son but the mother over state lines without my brother's knowing our permission DHS didn't contact him or anything. How dose he go about getting his son back?
answered on Apr 19, 2020
Mr. Louden is right, this is a fairly complex situation. I am questioning why DHS is involved. This could be the biggest challenge, since DHS at times will try to act outside the law, and makes it hard to unwind what they do with little regard to parental rights. It is further complicated by... View More
Im on a suspended sentence in Oklahoma. 2 years supervision through department of corrections. So I pay 40$ a month to them but then the courts are also making me pay a da supervision fee under 991 fees. Doesn't sound legal to have to pay two enteties for the same thing according to what I... View More
answered on Apr 15, 2020
I am sorry to say that it is legal. Literally under the 991 statute. It is a way for the DA's office to recover costs related to your prosecution. I agree, it is overly burdensome, and we have actually argued during Rule 8 hearings that the fines and costs are excessive. Supreme Court... View More
answered on Apr 8, 2020
The first thing, as Mr. Louden points out: Who is your custodial parent or guardian. Do you live with your mother and step-father? Does you step-father have custody or guardianship over you? In the end, if your custodian or guardian doesn't agree with you living with your bio dad, then you... View More
All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.
answered on Apr 8, 2020
I agree with Pete. The Pro Se party needs to follow the rules of requesting discovery through request for admissions, interrogatories, and request for documents. The other side is then required to turn documents over.
I've been on supervised DOC probation for 4 years and 3 months. I quit reporting to my probation officer about 6 months ago. There is not a warrant for my arrest. And I paid all my fines and restitution off this month. So I'm wondering, do they have to let me off probation since my fines... View More
answered on Apr 7, 2020
Was this DA or DOC supervision? Did you have a probation officer? If so, then it was DOC. Usually, on cases like yours, they only have supervised probation for the first two years, and if there are no violations, many times the rest of the probation is unsupervised. If you have all of it paid... View More
Till 2019. I haven't heard from her or know where to find her. Since we have been split up wo any form of contact how could I go about getting it nolled
answered on Apr 3, 2020
I am not sure an annulment is the best choice. I would think you should petition the court for a divorce. You will have to make an attempt to contact her, which isn't as hard as you might think. The real concern is any claim a creditor might have against you for her debts.
Am i legally required to provide wife with a vehicle or transportation? Am I responsible for making sure her health issues are addressed and taken care of? In example providing transporatation to and from doctor visits, ect if we are divorcing
answered on Mar 28, 2020
I agree with Pete. Additionally, most Courts will want you to leave her no worse off than if you weren't divorcing. Most judges would frown on you not making sure she has either the ability to get to her doctors appointments or the financial ability to uber. You definitely need to hire an... View More
answered on Mar 22, 2020
Unless the State of Oklahoma has filed and served you with a notice of forfeiture, they have no right to keep the firearm after the case is closed. I agree with Tracy, you should hire an attorney to defend you on the case. The attorney can then file the proper paperwork with the DA's office... View More
My friend is wanting to move in with me but his malicious ex wife says if he does, she can court order me to take a drug test and it would hurt my friend in the courts eyes with his child if I fail.
answered on Mar 12, 2020
In a way, yes. Anyone who is potentially in a supervisory role of the minor children in question can be vetted. This means that if the children would be under your care, it is within the Courts power to request a drug test before you take on that role. With that said, I believe almost any judge... View More
my parents went to court for me and my little sister. unfortunately i chose to stay with my dad for the wrong reasons and he doesnt take my mental health as seriously as my mom and continues to put me in the middle & treats me like im a burden. my dad only wants me to stay so he doesnt have to... View More
answered on Mar 12, 2020
First, at 18 years of age you are no longer under the order of the Court, so you can live where you want. If you can't wait, then have your mother's attorney ask for a guardian-at-litem to be appointed to advise the court as to what is in your best interest. If you are in Tulsa County... View More
No physical violence took place and I was not detained I have felonies involving a domestic case from 2017
answered on Mar 11, 2020
They cannot force, but they can sure threaten. Their argument is if she doesn't follow through, then she is endangering the children, and they can potentially take the kids away and for a deprivation hearing. If they are successful, they can put her on a plan, which most likely will involve... View More
My grandfather died in 2010, grandmother in May 2013. They left a will, that my aunt “can’t bring herself to read” and now “can’t locate”. My father, their son, passed 3 moths after my grandfather. My question is, does what was left in the will to my father go to me and my sister now?... View More
answered on Mar 11, 2020
Yes, unless otherwise stated in the will or trust, what would have been passed to your father should go to you and your sister. You should most likely file probate first for your grandfather. This will force your aunt to take some action, even it is to rely and show up at court. If there is a... View More
She is on drug court and im a convicted felon
The female while victim was on ground had foot on victim's neck and hit victim with a bat but was never charged questioned or asked to be identified by victim. This was presented in court but my sons went to prison.my sons have to pay restitution but the female involved has gotten no... View More
answered on Mar 4, 2020
I am sorry to say there is no recourse. You have no standing to make any kind of claim. The DA has prosecutorial discretion when it comes to criminal filings. Sorry...
answered on Mar 3, 2020
If she moved in violation to the relocation clause, that is in just about every decree and paternity order, you can file a motion to compel her to come back. If she fails, then you can file a motion for contempt. If you need help with this, we would be happy to help...Boeheim Freeman Law -... View More
My step mom's sister in law has been "helping" us since we didnt know what to do. She's been doing sketchy stuff the whole time and when I confronted her about the bank account she said "well legally the spouse is entitled to it". Is this true or is this another one of... View More
answered on Mar 3, 2020
It depends. First, is she on the account? Is she joint on the account, or is she just a signer? Second, is their a beneficiary or Paid-on-death listed on the account? Finally, if it is not otherwise designated through the above or through a Will, then she is is most likely the person who who it... View More
I was given a 5 year deferred sentence for embezzlement charges in 2016. I’ve paid all fines and have been on unsupervised probation since 12/2017 after only 13 months of probation. Is it possible to petition to end the deferred sentence early so the charge is off my record? I understand the... View More
answered on Feb 29, 2020
File a motion for an emergency modification of the guardianship. If this is in Tulsa or the surrounding counties, and you need help with this please feel free to give us a call. 918-884-7791 Boeheim Freeman Law.
My state is OK. I dont have tanf, I do have ebt, no daycare payments, so why are they taking a piece out of every check? The amount is not even consistent, I read they took one amount $60-100 once a year, at the end of the year. What is going on? Please n thanks. Chelsea.
answered on Feb 29, 2020
Not completely certain with looking into it more deeply, but it sounds like it might be for SoonerCare.
I caught a poss of cds on 02/19/2015. Have not been convicted to this day. Was put on a deferment.But everyone else's poss of cds is now misdeamenors on oscn.net and odcr.com. Mine still says felony and never been convicted. And I thought that was not suppose to be made public info. It is... View More
answered on Feb 20, 2020
The first question I would have is whether you paid all of your fines and probation fees? If you had, then it should have been dismissed and expunged from OSCN, when you showed up for court on your Deferred review date. On the other hand, if it was dismissed and expunged, that is only on OSCN.... 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.