Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Gary Johnston Dean
2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 28, 2022

You should contact a family law attorney. Service of summons on an inmate i$ complicated. Buy yes, you can get a divorce, but you cannot marry for 6 months after your divorce is granted. Good luck.

View More Answers

1 Answer | Asked in Arbitration / Mediation Law for Oklahoma on
Q: What does it mean to specify my claim and components in an arbitration proceeding or what all does it consist of?
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 21, 2022

Arbitration is too involved to FULLY explain here. But basically the parties go through a process to choose an Arbitrator, who sits as a judge, and hears testimony and evidence on your claims. Depending upon the language of the arbitration clause, his decision may, or may not be a final... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Do I have a good chance of getting custody of my little brother?

I was 6 years old when my brother was born, and I've been at least helping out with taking care of him his whole life, from grabbing and temperature-testing milk for him as a baby to feeding and putting him to bed recently, I have changed more of his diapers then his dad (my ex-stepdad). My... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 1, 2024

You should consult an experienced family law attorney to help you. Good luck.

1 Answer | Asked in Child Custody for Oklahoma on
Q: so her stepfather wants to adopt her, her biological father has not seen or made contact with her in 5 years

What steps do we need to take and how would we go about step parent adoption

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 26, 2023

As long as bio dad has not paid child support for the past 13 months, an adoption without consent can proceed.

Adoption is a complicated matter, you should retain an experienced family law attorney to help you.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can a divorce decree be enforced if the spouse hasn't adhered to the final decree if said spouse passes away

34yrs married, mental harassment to go get divorce, during the year and a half of going thru this, on top of kids and I doing repairs,painting, etc. to home to be put up for sale, and the deaths of my brother, my ids Sad and finally my Son. He has sold of assets, moved money around and other... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 29, 2022

Rhonda, you really need a lawyer to help you with this! Many will let you pay the retainer in installments. Good luck to you.

2 Answers | Asked in Adoption, Child Support and Family Law for Oklahoma on
Q: If a father is paying child support and a step dad wants to adopt well child support be terminated
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 4, 2022

The bio dad must appear before adoption judge and consent to the adoption. His child support will terminate when the adoption is granted.

View More Answers

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: How do I obtain deed to my home if I never received it. I do have the abstract though
Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

You must, get deed from the persons you purchased the home from. If this can't be done, consult a real estate lawyer to start a quiet title action.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: I need to sell my home with joint tenancy but I do not know how to contact my ex, how do I get him removed from deed?

We've been separated 7 years, divorce hasn't been filed, our property was put up for auction due to delinquent taxes, I managed to pay all taxes due & keep home. He has never tried to return to the home. He has legal obligations that also keep him from returning to the home. How do I... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

Since you're still married, both you and husband must sign deed to, New purchaser. Only way to remove him is through a divorce.

1 Answer | Asked in Family Law for Oklahoma on
Q: I. Oklahoma, if spouse dies & surviving spouse has joint ownership in home,& beneficiary on investments what happens?

Will surviving spouse inherit above?

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 15, 2022

A copy of spouse's death certificate SHOULD be sufficient for broker to change title to

Your name. Probate not necessary .

1 Answer | Asked in Divorce for Oklahoma on
Q: My divorce decree references an Exhibit "A", for property Distribution, but there is no exhibit A.

Retrieved decree from courthouse. Did not include Exhibit "A"

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 13, 2022

Contact your attorney or the attorney who drew the decree, and ask him/her to file the Exhibit, and send you a certified copy.

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a child that is almost 3 his dad has never had anything to do with him what’s the legal time to terminate rights

We were never married or lived together. Paternity was never established he is not on the birth certificate does he have rights since he absolutely does nothing for the child

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 11, 2022

Yes, Bio dad has rights, and you have rights to child support. DHS can help with this, or a private attorney can do it more quickly.

Parental rights can be terminated, but only in connection with an adoption.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my childs other parent is trying to keep them from school to goto mexico what am i able to do

Currently separated for 4 years but still married and she lives in the home i own

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 3, 2022

Mexico requires written consent of both parents for a child to enter Mexico.

Consult an experienced family law attorney for more help.

2 Answers | Asked in Real Estate Law, Divorce and Tax Law for Oklahoma on
Q: There is no mortgage on my home , can the court make my house go to sherrifs sale?

In a divorce we as ordered 7yrs ago for my house to be sold and property be sold , divi50/50 . Now court is trying to make my home go to sherrifs sale. Nothing is owed on my home

Gary Johnston Dean
Gary Johnston Dean
answered on Sep 10, 2022

Yes, if the 50 50 division requires it to balance out with your Ex. Se an experienced divorce attorney immediately.

View More Answers

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Family Law for Oklahoma on
Q: Y.is.mom.lawyer.asking.me.to.sign.over.temp. Sole if.unwed.mom.already.supposedly has Sole.by.default.Pat/Custody.pend

I have open pat/Custody pending. Legally i am the presumed natural father. my lawyer is telling me if i do not sign her temp order offer she will not allow anymore visits or contact with the kids. Is thier nothing I can do to see my kids without signing the offer I don't agree with? It's... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Your lawyer should be able to secure a visitation order for you if mom starts withholding visits.

Six months is long enough for the case to be pending. Attorney should get case set for trial.

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: My husband and I have been perfectly happy. My step daughter won't let me stay with them. What can I do to sue her

My husband has cancer and I have been his sole caregiver . Nobody in his family helped with anything.now that he's about to get his social security benefits she told him to move in with her and told me I can't stay with him. My husband is recovering from cancer so I would never want him... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 27, 2022

You should seek help from an experienced local probate attorney, who can file for guardianship of his person and estate. It should be no problem being appointed. You can then move husband back home.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: If my child moves back in with the her mother do I still receive back child support payments?

The mother never paid child support for 8 years because she was on drugs and chose other things besides her daughter. There is a court order for child support against the mother. A little over 2 years ago she started seeing my daughter again after my several attempts to get a hold of her. Now my... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 16, 2022

The $14k in back child support will not go away.

1 Answer | Asked in Family Law for Oklahoma on
Q: My father died January 2019 my mother died five months later June 2019 they both were obviously still married and

My father died January 2019 my mother died five months later June 2019 they both were obviously still married and I have one brother older and they had one granddaughter which is my daughter I wasn’t only not told of my parents death but when I talk to my brother when my mother died he said that... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 11, 2022

You need to immediately contact an experienced probate lawyer in the county of your parents residence for help with this matter.

1 Answer | Asked in Divorce for Oklahoma on
Q: My ex husband has stopped the $300 a month in alimony. Can he do that?

The money is to be transferred the 1st of every month. I’ve been divorced since 2009.

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 5, 2022

You haven't given me enough information to answer you. You should read the alimony provisions of your divorce decree to see when your alimony terminates. If it hasn't terminated, contact a family law attorney for help.

1 Answer | Asked in Family Law for Oklahoma on
Q: My oldest daughter went to the judge and got emergency gaurdinship on my 9 yr old daughter w out us knowing

DHS came the day before and said we was ok is that legal to not let us know or even be able to defend ourselfes they came the day she went to judge showed up w cops and took my daughter

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 27, 2022

You should have received a notice of hearing. On such an important matter, you should obtain an experienced family law attorney to assist you at the hearing. Good luck.

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.