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Questions Answered by Pete David Louden
1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: If a victim suspends a protective order for a day to attend a family function should the order be thrown out
Pete David Louden
Pete David Louden
answered on Feb 28, 2023

A victim cannot suspend a VPO. Once ordered, only the court can vacate the order.

Best of luck!

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I'm in Oklahoma. My wife just filed for divorce and I would like to know if she can serve me with divorce papers?

She gave me papers about a Temporary Order and a court date hearing. At this point, I'm unable to afford representation in my behalf. How do I respond to the papers handed to me? Do I go to the court hearing date? What is the procedure and process to that?

Pete David Louden
Pete David Louden
answered on Feb 20, 2023

Unless you waive formal service, her handing you the documents is not proper service. With that said, now that you know she has filed take the documents she gave you to an experienced family law attorney so that they can prepare a response and begin preparing your case for hearing.

Best of luck!

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I'm 17 in less than a month, I was told that I'm legally able to move out in Oklahoma. Is this true? I need out

I need to move out before I'm 18 because I could do more for myself if I was able to be somewhere else. I don't have a job, and can't because I still have no Social Security card or CDIB and I had my aunt order my birth certificate bc if I ask my mom she'll forget and get mad... Read more »

Pete David Louden
Pete David Louden
answered on Feb 19, 2023

In Oklahoma, you become an adult at the age of eighteen and at that time a person can make their own decisions.

1 Answer | Asked in Personal Injury for Oklahoma on
Q: Is it child abuse when your child was in a wreck without seat belts on and not in a booster with their mother

My youngest son hit the back of front seat and bloody his nose

Pete David Louden
Pete David Louden
answered on Jan 10, 2023

The specific details always matter such as the age of the child, size of the child, and exactly how this happened.

If the child was required to be in a booster seat and the parent simply failed to put the child in the seat, that's going to be one thing.

If a parent secures...
Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: DOES CPS NEED PROOF AS TO WHY THEY REMOVED MY CHILD FROM OUR HOME? IS IT LEGAL TO USE MY CRIMINAL CASE AS A REASON?

My daughter has a criminal case pending. She has some mental health issues also an she was Inpatient in a behaviorial health facility for about 6 months. After being released we went to court where the judge placed her with a relative an had us go thru tribal courts to get legal guardianship. Which... Read more »

Pete David Louden
Pete David Louden
answered on Dec 23, 2022

Depending on the nature of the crime, criminal charges can be a very important factor. If children were removed from the home and you are not sure why, consult with an attorney in private and the attorney can review your case and help you identify the problem.

Best of luck!

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Pete David Louden
Pete David Louden
answered on Dec 22, 2022

Yes, any family law attorney in your part of the state can help her. Take a copy of the protective order and any other court documents to the attorney. Once they review what has been filed they will then be able to tell you exactly what needs to happen next.

Best of luck and happy holidays.

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1 Answer | Asked in Divorce for Oklahoma on
Q: I missed my initial divorce hearing, due to a misunderstanding of the summons. Can I request a new hearing? Which form?

Particularly like to re-visit custody and child support portions of the decree. Any info is greatly appreciated.

Pete David Louden
Pete David Louden
answered on Dec 9, 2022

First thing you should do is take all of your documents to an attorney so they can check the court file and see if either a temporary order or a default decree has been filed. If there has been a default order entered and you catch it quick enough you may be able to seek relief. After sorting out... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: why can't I file my own case? Wanting to file "Petition for Disolution of Marriage" but they won't provide forms (?)

soon-to-be-EX-wife is agreeable, but they say I need a lawyer, which is NOT TRUE. All filings and documents, and FORMS to file said documents are PUBLIC...I, too, am PUBLIC. So why do I run into a brick wall? Why is there no help for me, John Q. PUBLIC?

Pete David Louden
Pete David Louden
answered on Nov 16, 2022

You are correct. There is no requirement to have an attorney represent you in a divorce case in Oklahoma. Any Oklahoma resident who meets the jurisdiction requirements can file their own divorce proceeding. With that said, the court does not provide forms to file for divorce, but you can file your... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: If my wife was already has a boyfriend outside the marriage does not give me ground for divorce

If my spouse is already in a relationship with somebody else do I have grounds for divorce

Pete David Louden
Pete David Louden
answered on Nov 5, 2021

All that is necessary for a divorce is incompatibility. It is not necessary to prove anything beyond that.

Best of luck!

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1 Answer | Asked in Divorce for Oklahoma on
Q: state of Oklahoma, When does the automatic temporary injunction go in to effect?

Filing for uncontested Divorce, ex come by took my 2yr old to Navada without permission. Police department advised i needed legal seperation or divorce in motion to be able to get her back, I have filed Petition for dissolution of marriage, and on my way to get the Summons and notice filed..Is it... Read more »

Pete David Louden
Pete David Louden
answered on Nov 4, 2021

The ATI takes effect as soon as the Petition is filed. Both parents have equal rights to children of the marriage unless/until there is a court order stating otherwise.

Child custody is not a do it yourself project. You need to hire an attorney.

Here is a link to an article...
Read more »

1 Answer | Asked in Family Law and Civil Litigation for Oklahoma on
Q: My son moved out back in may of 2021, and he is trying to put a VPO on me and all I do is worry about him.

I should have rights to check on my son, he thinks IM out to hurt him cause he stole a truck from me which is NOT the case I love him very ,much and I just want to check on him, Im his father what are my rights, He is 18 tho but still

Pete David Louden
Pete David Louden
answered on Nov 4, 2021

If a protective order has been filed, hire an attorney to defend you. You do not want a PO to be entered because it can follow you and impact your life in many ways.

Best of luck.

1 Answer | Asked in Family Law for Oklahoma on
Q: Do I have to submit discovery paperwork to the judge as well as the other side in a paternity case in Oklahoma?
Pete David Louden
Pete David Louden
answered on Nov 3, 2021

Discovery is not filed or submitted to the court.

I can tell by your question that you are in over your head in the deep water. You need an attorney. If the other parent has an attorney and you don't, it usually does not end well.

Best of luck!

2 Answers | Asked in Child Custody for Oklahoma on
Q: I want my mother to take custody of me after losing a custody battle around 7 or 8 years ago, what are her chances
Pete David Louden
Pete David Louden
answered on Oct 31, 2021

This would be an issue the parents would need to address.

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1 Answer | Asked in Child Support for Oklahoma on
Q: Can OCSS request a child support modification without a motion initiated by the CP or NCP?

I received a letter in the mail today from OCSS informing me of a hearing to modify child support.

I called the custodial parent and she seemed as shocked as I was when she checked her mail. She claims that she did not file any motion and that she did not believe a modification was... Read more »

Pete David Louden
Pete David Louden
answered on Oct 25, 2021

It sounds like that is what has happened, so yes, it can happen. My experience is this sometimes happens when the other parent is receiving some type of state benefits.

I have also seen more than a few cases where the other parent denies requesting the modification, only to later learn they...
Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I obtain a documents stating I have Sole custody. Our son was born out of wedlock and we never have gone to court

For 9 years I have had custody of my son. I have made all major decisions regarding education and how he is raised. He has lived with me and been financially supported by me since his father has never paid child support nor have we gone to court to establish custody. We were never married or in any... Read more »

Pete David Louden
Pete David Louden
answered on Oct 20, 2021

If you have never been to court, there would not be any court documents stating that you have custody. However, since you were not married, you would be considered the custodial parent by statute. I published a Blog Article that explains custody of children born to parents who are not married.... Read more »

3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... Read more »

Pete David Louden
Pete David Louden
answered on Oct 8, 2021

Absent some special circumstances, she would need to pursue her own legal claims.

Best of luck.

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2 Answers | Asked in Family Law for Oklahoma on
Q: Is there a form for an application for contempt for any violation of the automatic temporary injunction - thank you

This is a family law matter

Pete David Louden
Pete David Louden
answered on Oct 5, 2021

I am not aware of any forms, attorneys generally draft their own documents.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If I registered my boyfriend son in school and I cared for him for 3 months he only comes 2 days every week

Am wondering if he could take him away from me if he leaves for a week

Pete David Louden
Pete David Louden
answered on Sep 23, 2021

It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.

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2 Answers | Asked in Family Law for Oklahoma on
Q: Received a petition for the appt. of guardian and I need to contest it as the father of the minor child in question

The mother of the child and I have an active divorce in process. However, my wife has practically absconded; she has several ongoing legal issues from a recent arrest and failure to pay a lease agreement. She has left our minor child in the care of the maternal grandmother without my consent or... Read more »

Pete David Louden
Pete David Louden
answered on Sep 13, 2021

I agree with Ms. Self. A contested guardianship is not a do-it-yourself project. You need an attorney.

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Oklahoma on
Q: Okay I’m 17 and I’m wanting to date this 20 year old I’ve been talking to I want to know how I can get It legal

Okay he’s 20 And I’m in the dhs system but live with my grandma I want to know if there is anyway I can get consent from the person I’m staying with and a price of paper signed and legalized to state we are allowed to date and get rule and boundary so we don’t get into trouble we are not... Read more »

Pete David Louden
Pete David Louden
answered on Sep 12, 2021

You would have to discuss this with your legal guardian.

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