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Questions Answered by Pete David Louden
1 Answer | Asked in Child Support for Oklahoma on
Q: I am being held legally responsible for a child in OK. That child turns 10 on Nov. 7th. Can force DNA test?

The mother has refused DNA test and we haven't talked in probably 6 years. Child is collecting SS benefits for my disability.

Pete David Louden
Pete David Louden answered on Oct 28, 2020

The answer will depend on if paternity has already been established. To get to the bottom of this contact an attorney so they can review your situation and ask you questions about the background. Once an attorney has all the details they can explain your option.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have lived with my girl friend for 12 years. We have an 11 year old child together. She moved out without our child.

She was going out of state.

Do I need to do anything to protect my rights and maintain custody of our child.

Pete David Louden
Pete David Louden answered on Oct 19, 2020

Yes, you will need to file a petition to establish custody in the district court. Hire an attorney to make this happen.

2 Answers | Asked in Family Law for Oklahoma on
Q: Can a judge dismiss a document after it has been sign and filed?

My husband is in the middle of a custody battle over his daughter. The mother of the child signed a document giving up her rights on her own accord in front of a notary. It was then filed with the court. At a pretrial hearing the judge dismissed it and helped her get a lawyer. Is this legal or did... Read more »

Pete David Louden
Pete David Louden answered on Oct 16, 2020

In Oklahoma there is no such thing as giving up or signing away parental rights absent an adoption or having rights terminated by the state. The fact that there was a notary makes no difference.

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2 Answers | Asked in Child Support for Oklahoma on
Q: Man has paid child support for 12 years due to the result of a one night stand in which he was basically raped. advice?

Man had passed out after drinking heavily at his girlfriends house. There was a party happening in the other room. Another girl was there that was obsessed with the victim. Man is in and out of consciousness with a female that has forced herself on top of him in the dark. Other partygoers bust in... Read more »

Pete David Louden
Pete David Louden answered on Oct 15, 2020

I am not aware of anything that can be done about this situation at this point. If you want to explore further schedule a consultation with an attorney.

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1 Answer | Asked in Education Law and Family Law for Oklahoma on
Q: Father does not want to send daughter to school because of mask mandate. Separated but no legal action taken yet.

My still husband just found out that there is a mask mandate at our daughters school. He now refuses to send her to school for religious reasons ("do not fear") and wants her to be home schooled by him. I want her to go to school! I am working 40 hrs/week and can not homeschool her. Since... Read more »

Pete David Louden
Pete David Louden answered on Oct 10, 2020

Bottom line: if you cant come to an agreement and you feel strongly enough about going to school you will need to do whatever it takes to hire an attorney so you can seek a court order directing that the child attend school. I wish you the vest of luck with your case.

1 Answer | Asked in Family Law for Oklahoma on
Q: In the case of a separation, can a 16 year old choose to stay with her stepmother instead of moving out with her dad.

My daughter and her husband are separating. My SIL has a 16 year old daughter from a previous marriage. She has made comments that she doesn't want to leave and wants to stay with my daughter. Is she allowed to make that decision.

Pete David Louden
Pete David Louden answered on Oct 9, 2020

This is going to depend on what the parents want to happen.

A few general rules are:

1) Children don't make decisions.

2) A step parent would have no legal rights to the child unless both biological parents agreed for her to stay here.

3) The biological...
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1 Answer | Asked in Child Support for Oklahoma on
Q: I’m making on time payments on two separate cases both children are grown I pay arrears plus original obligations

Can I get my payments modified to arrears only The children are 20 and 23

Pete David Louden
Pete David Louden answered on Oct 6, 2020

If you are still paying current support on children that have aged out and finished high school you should be able to terminate the ongoing support obligation and set up a payment on the back support only.

2 Answers | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: I just recently lost my job and my wife is refusing to let me see my kids been like this for going on 2 years.

please i don't know what to do

Pete David Louden
Pete David Louden answered on Oct 3, 2020

If you have a visitation order you can take action to enforce. If you do not have a visitation order you need to get one. Either way hire an attorney and they will be able to help you with the process.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Is it possible for a father to get at least 50/50 custody of his children from the mother in Oklahoma?

They were never married, no abuse except for mental abuse from her to him. They have 2 children but my husband accepts her other child as his and we have him when we have the others. Her family says she never has them, either we have them or her mother or sister do. Kids are 8, 9, and 12.

Pete David Louden
Pete David Louden answered on Sep 29, 2020

Is it possible? Yes. If the court believes that such an order is in the best interest of the child/children.

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1 Answer | Asked in Child Support for Oklahoma on
Q: My child support was dismissed because my son turned 18 and had dropped out of school at the age of 17.

I just found out he is enrolled in an alternative program and now CSS wants me to start paying again. How can this be?????

Pete David Louden
Pete David Louden answered on Sep 29, 2020

Child support is paid until the age of 18 unless a child is still in high school and if so continues until the child graduates or reaches the age of 20, whichever occurs first.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: How can I go by getting visitations with my six children if I am doing much better to provide for them?
Pete David Louden
Pete David Louden answered on Sep 26, 2020

If you do not already have a visitation order hire an attorney to help you petition the court for a visitation order.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife has given me permission to sleep with other people. Is this still an affair to the courts in Oklahoma?

We are living at different homes and she explicitly said I could sleep with other people, which is saved in a text message. Is it possible for her to attempt saying I cheated on her despite having her permission?

Pete David Louden
Pete David Louden answered on Sep 22, 2020

Oklahoma is a no fault divorce state so under most situations none of this matters.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: Does child protective services have the right to terminate my rights

I had my baby and tested positive for drugs. They came in my room at hospital took her away and dhs came to talk to me at the hospital

Pete David Louden
Pete David Louden answered on Sep 18, 2020

It is possible for the state to terminate rights in some cases. However, If you hire an attorney RIGHT NOW and follow all of their advice and all the requirements of the state you will give yourself the best chance of a favorable outcome. It will require doing all the right things and listening... Read more »

1 Answer | Asked in Child Custody and Juvenile Law for Oklahoma on
Q: Can a 17 year old that is living on their own cross state lines without parental consent in OK?

My 17 year old brother in law ran away from home. His father pressed charges and dropped them acknowledging that he is in his own. My husband and I want to fly my brother in law and his 19 year old girlfriend to Wyoming for a visit. His father had threatened kidnapping charges against us. Can we be... Read more »

Pete David Louden
Pete David Louden answered on Sep 17, 2020

If he is 17, You would need the permission of his parents.

2 Answers | Asked in Family Law for Oklahoma on
Q: I was just wondering what the responsibilities are for a Custodial Parent with Joint Custody?

Non-Custodial, FOC, lives in a different state. He will not call our children, at all, and says it’s my responsibility to make sure they talk to him. Our children do NOT want to talk to him. When I have them call every 2-4 days it’s a constant battle. They cry and get upset. Then I’m left... Read more »

Pete David Louden
Pete David Louden answered on Aug 13, 2020

If there is a court order that order must be followed. What do you mean by FOC?

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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Do I HAVE to go to court to determine who will get custody of the kids on certain days?

Me and my separated husband has 3 kids. We haven't been to court yet. But we signed a paper that I typed out saying that he gets them half a week and I'll get them the other half. I heard that my kids dont get fed well and are mistreated while they are at there dads house. I want to keep... Read more »

Pete David Louden
Pete David Louden answered on Aug 12, 2020

I think your options are going to be based on the evidence that you have to back up your allegations. The moves you make a the start of a case can have an impact on the final outcome. So, do not make any legal decisions without first meeting with an attorney. The attorney can review what you have... Read more »

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1 Answer | Asked in Family Law for Oklahoma on
Q: I am looking for guidance on if I have any legal right to a house I share with my husband. He is threatening to evict me

The house is in my husbands name. We are legally married and my daughter and myself live in the home

Pete David Louden
Pete David Louden answered on Aug 9, 2020

If the house was purchased during the marriage it is marital property and subject to an equitable division.

1 Answer | Asked in Child Support for Oklahoma on
Q: Can my non-parental guardian claim that my child support money belongs to him and not to me, the child?

A

Pete David Louden
Pete David Louden answered on Aug 7, 2020

No. Child support is paid to the parent or guardian. It is not paid to the child.

1 Answer | Asked in Personal Injury and Legal Malpractice for Oklahoma on
Q: Can a mistrial be declared if my lawyer lied to the Judge on a case predjudicing him for the following trial?

my attorney told the Judge I was a felon on a probate administration and stopped me from becoming administrator. then the judge is on the bench at a quiet title action with a pre conceived image that I am a felon and I loose the case

Pete David Louden
Pete David Louden answered on Aug 6, 2020

Are you a convicted felon?

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