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Questions Answered by Gary Johnston Dean
1 Answer | Asked in Divorce for Oklahoma on
Q: Does my Indian card cover my obligation to carry medical insurance on the kids according to the divorce decree?

My divorce decree states I have to carry health insurance on the kids but we all have Indian cards and can get free healthcare.

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

Generally tribal health care meets the requirement, if the children live near a clinic where services are provided.

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

1 Answer | Asked in Divorce for Oklahoma on
Q: When adding the VIN number to a divorce decree where they were left off in error what is necessary?

An attorney Filed a Order Nunc Pro Tunc which did not list the VIN numbers after over a month we were able to get Title through Title Clerk after not hearing anymore from attorney after filing this paper with Court Clerk

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

The Nunc Pro Tunc is the way to get the decree amended. But since you have the title, is it necessary?

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

1 Answer | Asked in Banking, Civil Litigation, Divorce and Tax Law for Oklahoma on
Q: My divorce lawyer told me the adultry law had been repealed in the state of Oklahoma so is this accurate?

My ex wife was witnessed stealing my mail to file a joint tax return in which the money was not deposited into an account under my name as well as hacking my checking account to transfer money from accounts she was not on so how do I have her prosecuted for these 3 felonies since these issues were... View More

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

Sorry, but adultery is still a felony in Oklahoma, punishable by up to a $500 fine and/or 5 years. See 21 OK Statutes § 871. Most District Attorneys are not interested in prosecuting these cases however. They're already overloaded with more serious crimes.

You should see your...
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1 Answer | Asked in Divorce for Oklahoma on
Q: How much am i required to let my husband see our children during a divorce

My husband has been abusing his medications and has never previously asked for them on his day off

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

Can't answer properly without knowing how med abuse effects his ability to properly care for kids. The general answer is a REASONABLE amount of time.

If you don't have your own attorney, you should hire one immediately to help you. Many will let you make payments, and don't...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: How do I go about getting to see my Kids when my husband trys everything to keep that from happening?

We have been seperated going on 4 yrs. Have tried the online divorce but doesn't work cause he won't ever agree. All I want to do is see my Kids. He's already got my 2 Boys against me thinking I never wanted them. He's been working on my little girl now. My boys are fixing to be... View More

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

You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP. Many will work on payment plans. You can call the Oklahoma Bar Association in Oklahoma City for help finding a lawyer. Don't delay anymore.

1 Answer | Asked in Divorce for Oklahoma on
Q: My ex was awarded the car in the divorce. I am making payments on it. She just bought a new one. Kept mine and gave it

Someone. How do I get my car back

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

You can't get it back. It was awarded to her, and she can give it away if she wants to.

2 Answers | Asked in Divorce for Oklahoma on
Q: Can you end a divorce decree
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 9, 2018

Question is not clear. If the 2 of you are back together, the decree can be VACATED by both of you signing an Application to Vacate Decree. Judge then signs Order Vacating, it's then like it never happened.

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1 Answer | Asked in Probate and Estate Planning for Oklahoma on
Q: After a person dies in Oklahoma how are personal properties distributed among the heirs, tools, clothes , jewelry etc.
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

If there is a probate of their estate, this will be determined by a will, or a court order if no will. If there are no court proceedings, family members usually gather shortly after a death, and agree on who gets what in cases were a lot of valuables are not involved. If you need a lawyer to help... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I signed over rights to my kids during my addiction.

My parents have guardianship through the courts. I am also pregnant and soon to deliver. My parents are emotionally and physically abusive to me in front of my children. What can i do? I cant get a job until i deliver the baby to hurry and move out to get them and i have no other family

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

It appears from your question that you are still living with your parents, so stick with it until you are financially able to move, and working on getting your kids back. But for now, a good choice may be to talk to your parents lawyer in the custody matter. Explain what kind of remarks they are... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How do i find out if mother of my son lost rights to our child due to drug arrest and incarsiration
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

Sorry I didn't see this earlier. Generally a drug arrest or even a conviction does nothing to parental rights. Of course there must be some type of court action seeking to terminate her rights, and your son would have been entitled to notice of any court case, so a safe bet is that she... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I get permanent full custody , dhs case

I just got out of DHS case where the father did nothing so my daughter was placed back in my custody and he is not able to be around how do I go about getting perminant full custody in him having no visitations I heard it's called a portunity hearing but I don't know how to do it

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

You have several complicated issues here, since DHS is involved. You can't do all of this by yourself and expect good results. You need to hire an experienced family law attorney in the area where you live to help and guide you through this process. Good luck to you in regaining full custody.

1 Answer | Asked in Family Law for Oklahoma on
Q: Is it at the discretion of the judge to transfer and consolidate a protection order to be heard in custody case?

I was never served and at the hearing I told judge creek county has no personal jurisdiction plus me having a pending custody case in Tulsa. When dhs closed out there temp custody order and final order was made in Creek county the clerk failed to fax the order to Tulsa and instead filed order in a... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

WOW! Where was your lawyer during all of this terrible mess! If you didn't have one, you made a very big mistake. The bottom line is that if you were never served with notice in the protective order case, no permanent order can be validly entered against you. Retain a Creek County attorney to... View More

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: after two years in foster care an my children haven't been adopted yet an Ive made significant changes can i get them

I had to sign my rights up to my 4 children almost 3 years ago. 2 where adopted an 2 an still in foster care. Im working with casa to get my oldest back but i wont both back. I live in Oklahoma but this happened in Texas. I was told if children haven't been adopted by two years they have to... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

This is really a question under Texas adoption law since your case is there. Ask it in the Texas forum. Good luck.

1 Answer | Asked in Family Law for Oklahoma on
Q: What type of bills are extraordinary medical bills? Does copays fall under that since it’s what insurance didn’t pay?

I’m not sure if you can help me. I’m in Louisiana

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

Extra Ordinary Medical Bills are those out of the ordinary. Examples of ordinary might be routine illnesses, doctors visits, and medicines. Extraordinary might be from very serious illness or accidents, and hospitalizations, or high cost. For a better answer you should contact an attorney in the... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: How do you file charges for adult with mental disability that has his brother petrified of him

I have 2boys that are mentally disabled one of them tortured his older brother to the point he was petrified and couldn't

Fuction while the other boy was in my

Home and he is on probation already for

Domestic abuse

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

You should call DHS Adult Protective Services and ask them for help with this issue. They have lots of options, and I'm sure they can provide assistance. Good Luck.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Can I fight this?

My ex husband has custody of our daughter but she lives with his mother full time and has since 2013. I quit paying child support 2013 to him and told him it was bc of this, now he is suing me for back child support. Is this something I could fight since she has never lived with him?

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

You made an unwise decision to stop paying child support. Your daughter has to eat, have clothes, and a place to live 24/7. You still owe support, as does your husband. You should immediately hire an experienced family law attorney in the county where your case is pending to help with this.

1 Answer | Asked in Family Law for Oklahoma on
Q: Am I legally required to share information with my ex about people I will have my kids around when they come to visit?

I live in Oklahoma and the mother lives in Oregon.

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

Not unless there is some provision in your divorce papers which require it, or restrict who you may have the children around. However, considering distances involved, it might be a good idea to give her some type of answer so you don't miss visitation with your kids. Just a suggestion, you... View More

2 Answers | Asked in Family Law for Oklahoma on
Q: Is my husband the childrens legal guardian if he is not the father? Does he have any rights? Can he sign documents?

The doctor asked if he was legal guardian. I honestly do not know and need to know if he is able to sign for his treatment.

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

NO, but I have a form I can email you to sign which you can sign to give him authority to consent to medical treatment in an emergency or cases where you are not available. You can also sign a form at the Doctor's office to allow your husband to have access to medical information for the... View More

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2 Answers | Asked in Contracts for Oklahoma on
Q: Is a text message a legal binding contract?

A lady told me that she would pay $500 ($250 now and $250 on the 15th) if I subleased her place for the next 5 months. She already paid me the $250 and is now saying she wont pay me the other $250 but I have text showing where she said she would pay one half now and the other half later. Can I sue... View More

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

It should be enough to win, however be sure you can collect any judgment as Pete Louden told you earlier.

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

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1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: if I move to California will my child support change to where I have to pay more? Based on guidelines.

Ex wife and I have a decree where we agreed I'd only pay $300 a month because she owes me back child support from when I had him for a year. I’m moving to California with my new fiancé and all of a sudden ex wife wants to go by the guidelines. My question is, will I have to pay more because... View More

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

You should consult an experienced Family Law Attorney, in your area, for help with this problem. Under the law, you must give her written notice of your proposed move, and more details. This requirement should be in your decree. If not, check 43 Oklahoma Statutes § 112.3.

Your...
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