Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Gary Johnston Dean
1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: HOA is making me remove my wooden rail chain link fence.The covenants don't specifically say no chain link. Can I keep?

Can I keep the fence I have? The board voted for me to remove it.

Gary Johnston Dean
Gary Johnston Dean answered on Apr 11, 2018

Before deciding to "Stand your Ground" against the HOA, consult a local real estate lawyer about this issue. It will be much cheaper now to get a good answer, than later. If he believes you are correct, a letter from him to the HOA should settle the matter. Good Luck, and thanks for visiting Justia.

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Oklahoma on
Q: If I Live in Arkansas and the owner of the Land I lease in Oklahoma Lives in Kansas, which state do small claims

The owner is telling me she will not follow the lease agreement. In order for me to get paid I need to go to small claims court.

Gary Johnston Dean
Gary Johnston Dean answered on Apr 11, 2018

The County in Oklahoma where the land is located pursuant to 12 OS 131. Click this link http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=93676 to view it.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: landlord keeps showing up on property when I'm not home. he sneaks on the property through the woods. can I end lease
Gary Johnston Dean
Gary Johnston Dean answered on Apr 11, 2018

Lease agreements generally have some provisions which permit a landlord to "inspect" their property. Without reading the lease, I can't give a good answer. Read it yourself, and if you think the landlord is abusing your rights to privacy, and want to terminate your lease see a lawyer for advice.... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oklahoma on
Q: Need advice about a contract for a bike sale for 1000 in trade for working on a boat.

We have done what we can to fix the boat and have the money to pay for the bike now the owner is refusing to take the money unless we put 500 more with it and refuses to do her part of agreement with getting parts and diagnosis. We never promised to get the boat running. Now she is trying to take... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Apr 11, 2018

There are too many unknown factors in your question to answer. It's not really very clear to me. Your should see a local lawyer for help on these problems. Sorry we could not be more helpful, but it's necessary for us to read your contract to answer.

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Q: I have lost my job and I am unable to pay my rent. I have ask to break my lease and move and was told I would have to

pay the remainder of my lease which is 10 months.

Gary Johnston Dean
Gary Johnston Dean answered on Apr 11, 2018

Difficult to answer without reading your lease. BUT, don't pay anything beyond rent due up to the time you leave. The landlord has a legal duty to try to rent your apartment to "mitigate" damages. If the unit rents promptly, you are only responsible for paying for the time it was not occupied. Good... Read more »

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Could you sue the partner who is having an affair with the married man?

And if the partner is harassing the married women could should she get a restraining order

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

NO, this type of action was abolished in Oklahoma in 1976, see Laws 1976, HB 1672, c. 164, § 2, eff. October 1, 1976, or 76 Oklahoma Statutes § 8.1. Alienation of Affections or Seduction - Civil Action - Abolition

1 Answer | Asked in Family Law for Oklahoma on
Q: i need a template to file a motion to revoke relinquishment of parental rights due to duress and coercion.
Gary Johnston Dean
Gary Johnston Dean answered on Apr 9, 2018

There are no templates for this available. If the Order has been entered, there are 10 day, and 30 day deadlines to do anything about it. See a lawyer immediately.

2 Answers | Asked in Family Law for Oklahoma on
Q: Do I have to agree to a visitation supervisor I am not comfortable with? I am being told that I have to.

The supervisor in question is opposing party's mother

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

You should discuss this with your lawyer. Generally you do not have to agree if you have good cause not to agree. However, if this is someone the Court has suggested, you should have a very good reason for your attorney to present to the judge to object.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Hey this a guardianship case do you think I can fight for my boys since they've been there since 2012 .

my daughter passed away in the home when she was in DHS there

I've been fighting this since 2012 with my boys they tricked me and signing guardianship so and told me that just in case DHS steps in and they want to protect my kids and they didn't protect them they just took them from me... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Apr 3, 2018

You should consult an experienced Family Law Attorney, in the county where it's filed, for help with this problem. There should be a document called Standards for Reunification detailing what you must do to get your kids back. If you've done all required, it shouldn't be too hard to get them... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Is there anywhere on the internet that I can find the petition to terminate a guardianship in the state of Oklahoma?

I am handling the case pro se.

Gary Johnston Dean
Gary Johnston Dean answered on Apr 3, 2018

Not that I am aware of. Sorry.

1 Answer | Asked in Child Support for Oklahoma on
Q: If I took funds out of my IRA, is that considered income for child support?

Took out monetyfrom my IRA and I want to know if my ex can claim the amount as income to calculate child support

Gary Johnston Dean
Gary Johnston Dean answered on Apr 1, 2018

All income received is considered for child support purposes, however the amount from an IRA can in some circumstances be excluded. You should consult an experienced Family Law Attorney, in your area, for help with this problem.

Please visit my website https://www.garyjdean.com and...
Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: I have been sent a Subpoena from my exes lawyer what do I do?

I filed Enforcement of Visitation against my ex and my meeting with a lawyer to get one hasn’t come up yet it’s not until April 9th but My exes lawyer sent me a Subpoena for Financial Information I believe they did This in retaliation for me filing against her and I did not receive the subpoena... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Apr 1, 2018

You're required to furnish some financial information, but must have a reasonable time to get it. 2 work days is not sufficient. See a lawyer ASAP to help you.

1 Answer | Asked in Child Support for Oklahoma on
Q: Is there something my ex boyfriend and I can sign to make sure neither of us pay each other child support?

We have 3 kids and dont want to pay child support at all to each other and want something that can guarantee we can't go back on that.

Gary Johnston Dean
Gary Johnston Dean answered on Apr 1, 2018

No, child support is always up to the court. A binding agreement of this type can't be made.

2 Answers | Asked in Child Support, Child Custody and Divorce for Oklahoma on
Q: My eX just move out state with our daughter and did not give me a 60 day notice like our divorce pprs say

And I know her to well she will Forge my name to the paper saying she gave me. I didn't find out she really moved till this weekend

Gary Johnston Dean
Gary Johnston Dean answered on Apr 1, 2018

Hire a lawyer now to cite her for contempt, AND to move to change custody to you.

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

View More Answers

1 Answer | Asked in Child Custody for Oklahoma on
Q: Do I have to have custody papers to replace child's birth certificate in Oklahoma
Gary Johnston Dean
Gary Johnston Dean answered on Mar 31, 2018

If you mean you want to order a birth certificate for your child, you do not. There is a form on the Oklahoma Department of Health website o use to order certificates.

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

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on
Q: My ex-wife has passed away and am trying to get my kids to come with me but she gave her right to her sister not by cour

She had left a letter saying her sister can have custodial rights when she passed. But it was never done through court, I want my kids here with me. So my question is do the kids come directly to me or do i have to start a case on this? The lods where staying woth their grandma but are coming with... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Mar 30, 2018

Who has the kids now? It's best during this time of sadness to discuss this with your kids, if they are old enough, and whoever is caring for them.

You are legally entitled to their custody until a court rules otherwise. Good luck, and be mindful of the terrible loss the kids have...
Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Is it illegal to operate farm vehicles under the influence on private property?
Gary Johnston Dean
Gary Johnston Dean answered on Mar 30, 2018

No, but it's not a good idea for the safety of everyone.

1 Answer | Asked in Divorce, Family Law and Small Claims for Oklahoma on
Q: My fiance of 5 years and I split up he took my car because he said if I wasn't going to be with him I couldn't have it

We agreed for my son to take payments over on my car so that my fiance could buy a new truck and camper for work and I would take his old truck. Now that we split up he took the truck back and also kept everything else the house 2 boats camper 2 trucks what legal grounds do I have. He said he felt... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Mar 30, 2018

You should consult an experienced Family Law Attorney, in your area, for help with this problem. There are a lot of factors involved here. Being able to discuss all of them is necessary for the right decision on how to proceed.

Please visit my website https://www.garyjdean.com and...
Read more »

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Married under age, mom signed but did not have custody. Divorced and wanting records expunged. Is this possible?

This was a couple decades ago and my dad had custody of me but my mom signed for me to get married in another state. Can this marriage be completely wiped off the record?? We were split up before I was even 6 months pregnant and only "lived together" for about 3 months. The ex was abusive and... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Mar 28, 2018

Sorry, but there are no provisions in law to expunge divorce records.

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

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: Can my ex stop me from being with someone else if going through a divorce??

They already have someone else and is living in the house with our child

Gary Johnston Dean
Gary Johnston Dean answered on Mar 25, 2018

This is never a good idea for either party

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.