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Questions Answered by Timothy Carignan
1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: My ex roommate and I got a dog, the dog is in his name adoption wise, but he never cared for her and now wants her?

Basically me, & 3 other roommates wanted an animal for our home. We agreed she wasn’t anyone’s specifically since we had a ways to go until any of us would go separate ways. Anyways, she was put in one’s name because he’s the only one that had an id on them at the time. Now he never... View More

Timothy Carignan
Timothy Carignan
answered on Feb 19, 2024

According the law, dogs are personal property, like any other. Whoever paid for the dog would probably have the strongest claim on it.

Being "registered as an emotional support animal" is meaningless in court; there is no ESA registry, and it would still not override a claim based on purchase.

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Does a child have rights to the parents estate after parental rights are relinquished?
Timothy Carignan
Timothy Carignan
answered on Jan 23, 2023

The short answer is No. Unless the child was specially named in a will, the child will not inherit. A provision for “all of my children” - or worse, no will at all - will not include a child who is legally considered someone else’s child.

1 Answer | Asked in Juvenile Law for Virginia on
Q: Can i (15 in a month 16) date a 23 year old legally? Im from the Netherlands and hes from Virginia.
Timothy Carignan
Timothy Carignan
answered on Jan 14, 2023

Most places do not have laws regarding dating; however, there are limits as to sexual contact. Typically, one cannot have sexual contact with an underage person (15-18, depending on the jurisdiction) if they are more than three years older.

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Timothy Carignan
Timothy Carignan
answered on Dec 22, 2022

She can go to family court and get a custody agreement in place. Even if father and mother can’t get along, the child has the right to have as much time as possible with each parent.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a deputy has not been released by doctor to go back to duty can my case be thrown out If he is the arresting officer.

Criminal case

Timothy Carignan
Timothy Carignan
answered on Jun 19, 2023

No. He can either be cleared enough to testify or he can be deposed by video, if necessary. It probably wouldn’t even be thrown out if he was dead.

1 Answer | Asked in Family Law for Nevada on
Q: What if the child’s mother is continuously breaking the legal agreement/paperwork?

My daughters mother keeps taking her out of state without notifying me, she posts on social media that she’s drinking and I’m worried about my child’s safety. They’re in an unfamiliar area and if she’s intoxicated I don’t want her to be driving my kid around drunk. I’m too far away to... View More

Timothy Carignan
Timothy Carignan
answered on May 9, 2021

She can get in trouble for denying you your court-approved visitation and for endangering the children, if she drinks and drives with them. You need to go to family court - preferably with an attorney- and present that evidence to the court. They will modify the order as they see fit.

1 Answer | Asked in Family Law and Child Custody on
Q: I have 2 children born out of wedlock in south africa I am the mother

I have supported them since they where born. I got married not to my children father and my husband supports my children the only thing my ex pays is my son school fees. He now wants my son only doesn't care about my daughter. My son is 13 how can I prevent this from happening we never went to... View More

Timothy Carignan
Timothy Carignan
answered on May 9, 2021

If you honestly believe that your ex is likely to abduct your child, you need to go to family court immediately. You can’t simply deny him the right to see his child, but you can’t risk the child’s safety, either. You need a court-approved visitation plan.

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can I remove my 18 yr old daughter and her 20 yr old girlfriend without legal eviction?
Timothy Carignan
Timothy Carignan
answered on May 5, 2021

They are both legal adults. If they aren't paying rent, then they aren't tenants and don't have the rights that tenants have. You can ask them both to leave, and you can call a sheriff if they refuse.

However, this will almost definitely do great harm to your relationship...
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1 Answer | Asked in Animal / Dog Law for Virginia on
Q: The county had took my dogs and we now have a court date to try and get them back how likely will we be to get them back
Timothy Carignan
Timothy Carignan
answered on May 5, 2021

It depends on why the county took them away.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... View More

Timothy Carignan
Timothy Carignan
answered on May 5, 2021

If the new protective order hearing was based on the same facts as the older hearing, and it had been heard before a judge (not dismissed or withdrawn), then a new hearing would be barred for res judicata. If there was a significant difference in facts (different charge, different date, etc.), then... View More

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