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Questions Answered by Gary Johnston Dean
1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: I'm on a deed to a home I resided in with my ex, but not on the loan. Can I sell my share to a third party?

We built the home, I paid all initial closing and building overages. He changed the locks and I purchased another house. He doesn't want to pay me half the equity at the time I left. Am I able to list my share of the home as for sale to someone wanting to purchase my share of the home?

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

You say your "Ex" - is there a divorce decree? If so, it should provide what happens to the home. If you aren't legally divorced, you should immediately contact an attorney for help on this matter. But the bottom line is, if there are no terms in a decree to prohibit it, you can... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex has my boys and won't let me see them, he is not even listed on their birth certificate, how do i get my boys back

I live in Oklahoma he lives in missouri and I currently am on probation and cannot leave the state

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

You should get permission from your probation officer to visit your kids. If your husband won't let you see them, you need to either file for divorce, if you haven't had a decree, or file to modify the decree. You can file in Oklahoma in the county where you live, if you have been there... View More

1 Answer | Asked in Family Law and Divorce for Oklahoma on
Q: Yes my husband has has never worked we have been together for 8 years but married for 5

And we have a three-year-old kid together and he has never worked I have SSI income coming in and I just need to know what I need to do to get a divorce and get custody of my daughter

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

Yes, he is the father, and if you want to leave him, and have full custody of your child, you need to see a lawyer in your county to file for divorce and custody. Good luck.

1 Answer | Asked in Probate and Estate Planning for Oklahoma on
Q: If you marry a man who was only divorced four months in oklahoma, are you his legal wife and next of kin if he dies?

the marriage took place in texas, but they live in oklahoma. he just passed away and she...the so called wife had him cremated against his family's wishes, and took all his money out of his bank account,including his 3 young sons She also took ownership of his 79,000.00 new corvette . I am... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

Sorry, but she is his legal wife, and you have no standing to seek an annulmnet of their marriage. You should contact a probate attorney in the county of his residence to see if there is anything your children can possibly recover through probate of his estate. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: What rights do I have in Oklahoma if the terminated parental rights parent comes to our house or school?

We live in Oklahoma. Our divorce was filed in Texas. The termination of parental rights were also filed in Texas. The father is currently in prison, but up for parole soon. What rights do we have if he comes to our house or my son's school?

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

If he does appear, you can file in your local court for a Protective Order to prohibit his coming around, or contacting your child. It would be a good idea to write him before his release, and remind him of termination of his rights, and that he is prohibited by law from contact with the child, and... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I have my daughters last name changed upon her request to my husbands last name with out consent of biological dad

She has not had any contact with her biological father in over 5 yrs. Every now and then I receive child support. From him but nothing steady. I now have 3 boys with my husband and my daughter calls him dad he is the only one there for her. She wants more than anything to share the last name of the... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

No, not without his consent.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: Absentee father since 3/2013. I'm having surgery out of work for 6wks-3mos. need assistance, but will he get visitaion?

Had same phone number since he and I were together. He has always known where we are. He hasn't even acknowledged his son. Not for birthdays or Christmas, just left from his last visit and never came around again. With the unpredictable nature of his personality I thought it may be for the... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

I understand your mixed emotions on this issue, but you are right, the child deserves to have a father. Your best bet would be to contact a lawyer in your county to file a motion for child support. Do it, and see if he will "Man Up" and be a father to the child. Good luck.

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: can she file for child support 2 years later?

my husbands ex gf has a soon to be 3yr old son and swears it is my husbands. we have been together since she was 4months pregnant. we not have a 6 month old daughter. my husband is not on the birth certificate, has never thought or questioned if he was the childs father. they were not married and... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 13, 2018

Yes, she can file now, or about anytime in the future. DHS may be involved if she's seeking benefits. Sooner is better since back child support can be ordered. He should consult an experienced Family Law Attorney, in your area, for help with this problem

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2 Answers | Asked in Child Support for Oklahoma on
Q: As a part of my job I receive a split check an hourly wage and a rental on my truck is that considered both income

I am W-2 employee, but the rental is 1099

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

Yes, but you should be able to deduct the truck expense for business use from income.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Are we still married, if not how do i go about filing for divorce?

We have not spoken, lived together or had any kind of communication in roughly 6 years. We have also not filed taxes together or even married filing separate. She lives in Pennsylvania i live in oklahoma.

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

You can file for divorce in your residence county. You should consult an experienced Family Law Attorney, in your area, for help with this problem.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: School refuses to honor Court ordered emergency Guardianship. Say they will release children to parent if she request.

What can I do to prevent. Okc, OK

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 10, 2018

Your lawyer should Contact the Superintendent of schools, or the legal department and advise them of the problem. He Also should send school principal letter with copy of your letters of guardianship advising them not to allow anyone other than you to have child, or they could be legally... View More

1 Answer | Asked in Immigration Law and Domestic Violence for Oklahoma on
Q: My husband has warrant for DV on him from a prior relationship and is on ice hold, is there anything that can be done?
Gary Johnston Dean
Gary Johnston Dean
answered on Feb 9, 2018

You should consult an experienced Immigration Law Attorney, in your area, for help with this problem .

2 Answers | Asked in Divorce for Oklahoma on
Q: My husband lives out of state and we are getting a divorce uncontested. Do we have to go to court?
Gary Johnston Dean
Gary Johnston Dean
answered on Feb 10, 2018

One of you will need to appear before a judge to testify when the divorce is granted. You should consult an experienced Family Law Attorney, in your area, to help .

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1 Answer | Asked in Divorce for Oklahoma on
Q: I got my divorce papers and signed them what do I do now? It’s uncontested

I also have a restraining order so I can’t see my child till court. Do I have to have a respons or do I just go to court with my copy? And when would that be?

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 9, 2018

Can't quite understand your questions. Your best bet is to visit with a lawyer in your area so he or she can look at your papers and tell you what you need to do. This is particularly important for the restraining order.

1 Answer | Asked in Divorce for Oklahoma on
Q: In Oklahoma if the court fines and costs are not paid is the divorce finalized
Gary Johnston Dean
Gary Johnston Dean
answered on Feb 6, 2018

Yes, you are divorced on the date the judge pronounces you divorced, and it is final for all purposes, except for motion for new trial, and appeal time starts when the decree is filed.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can an assault and battery with a dangerous weapon be reduced to a misdemeanor?
Gary Johnston Dean
Gary Johnston Dean
answered on Feb 5, 2018

Yes, but it is totally up to the DA to do this.

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: What are the steps to give my daughter her deceased father's name? And will I have to have his death certificate?

He died before she was born in a car accident.

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 5, 2018

I need a bit more information to give a full answer. I assume you weren't ever married to him, and your daughter is an infant. You should consult an experienced Family Law Attorney, in your area, for help with this problem. Your daughter is entitled now to benefits from him, including... View More

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My ex husband is in jail how do i go about getting full custody to be able to enroll my child into school in my town

We have a order for joint custody his residence as my childs primary

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 5, 2018

ASAP, You should consult an experienced Family Law Attorney, in your area, for help with this, by filing a motion to modify cutody.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can a man threaten a woman, with something he has in order to make her do something she does not want to do.

My niece tried meth a few times, realized how far she had let herself go. She contacted her parents for support, has begun counseling, and asked her parents to give her random drug tests(at her cost) to hold her accountable. She is married, her husband has been on marijuana/drugs for a very long... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 5, 2018

His threats are a crime, called extortion. She should keep his texts about this, and tell her divorce lawyer about them, and her drug history. Tell her not to worry about this. Police won't do anything about it.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Is it legal for my ex's lawyer to contact my company office to obtain my personal information about income, etc

I believe this has happened a couple times

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 5, 2018

It's not illegal. What your company tells about this is up to the company. If the information was subpoenaed, the employer must respond.

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