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Questions Answered by Carol Jane King

1 Answer | Asked in Family Law for Oklahoma on

Q: My mother in-law is trying to obtain custody of two of my children, What rights does she have or not have?

Carol Jane King answered on Jul 7, 2011

Unless she can prove you unfit, the court generally will not give custody of minor children to a grandparent. She would have to file a guardianship petition.

She has limited visitation rights which are listed in Title 43 of Oklahoma Statutes Section 109.4.

1 Answer | Asked in Family Law for Oklahoma on

Q: How old does a child have to be to decide when they want to live with the noncustodial parent in Oklahoma?

My son lives with his mother and he wants to live with me and he is 11 years old. I was wondering the age he can make his own decision.

Carol Jane King answered on Jul 7, 2011

Age 12 is the statutory guideline for considering the preference of the child but it is not absolute. It depends on how mature the child is and the reasons behind the request.

1 Answer | Asked in Divorce for Oklahoma on

Q: I would like to amend my divorce decree. how do i do this

Carol Jane King answered on Jul 7, 2011

It depends on what you mean by "amend". If there is some sort of error that needs correcting, then you file a Motion to Amend. If you want to change child support, custody, or visitation, you will need to file a Motion to Modify. You will also need to request a hearing on whatever the Motion is you... Read more »

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