Questions Answered by Pete David Louden
Q: What are the laws of audio and video inside your house of children being envolved or people walking in your house.
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Securities Law
for
Oklahoma
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Pete David Louden's answer
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.
Q: How do i get my kids back the judge gave her other 30 days to get more evidence against me and they have cameras
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Education Law
for
Oklahoma
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Pete David Louden's answer
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.
Q: My ex-wife is dying. Am I within my legal right to pick him up from her sister upon her death and assume custody ?
Pete David Louden's answer
The better way to do this to avoid any issues is to do a custody modification. You son is old enough to has his wishes considered by the court. Hire an attorney to help you.
The better way to do this to avoid any issues is to do a custody modification. You son is old enough to has his wishes considered by the court. Hire an attorney to help you.
Q: How does false aligations work to get custody of a child?
Pete David Louden's answer
Sorry to hear you are having this issue. The way to address this is to hire an attorney to help you prove in court the allegations are false.
Sorry to hear you are having this issue. The way to address this is to hire an attorney to help you prove in court the allegations are false.
Q: How do I get a form to appeal termination of parental rights
Pete David Louden's answer
An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.
An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.
Q: can my 5 year old decide he doesn’t want to go to a visitation?
Pete David Louden's answer
No. A five year old cannot make decisions concerning visitations. With that said, If you believe there are legitimate safety issues you should consult with an attorney to discuss options. I wish you the best of luck with your case.
No. A five year old cannot make decisions concerning visitations. With that said, If you believe there are legitimate safety issues you should consult with an attorney to discuss options. I wish you the best of luck with your case.
Q: If parental rights are terminated the order for child support is terminated except CS acrued before termination?
Pete David Louden's answer
There are two ways to terminate parental rights in Oklahoma. 1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.
When rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
If the child is adopted, ongoing support stops but any past due support would still be owed.
There are two ways to terminate parental rights in Oklahoma. 1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.
When rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
If the child is adopted, ongoing support stops but any past due support would still be owed.
Q: Is a medical copay considered a major medical expense?
Pete David Louden's answer
If you are asking if a copay is considered an uncovered medical expense for which you would owe your percentage under a child support order, a copay is an expense not paid by insurance so you would owe your percentage.
If your question is in a different context please provide more information.
I wish you the best of luck with your case.
If you are asking if a copay is considered an uncovered medical expense for which you would owe your percentage under a child support order, a copay is an expense not paid by insurance so you would owe your percentage.
If your question is in a different context please provide more information.
I wish you the best of luck with your case.
Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?
1 Answer
| Asked
in
Family Law, Child Support and Native American Law
for
Oklahoma
on
Answered on Feb 17, 2019
Answered on Feb 17, 2019
Q: My daughter was kidnapped by her mother and i live in oklahoma. She took her to alaska now cps is adopting her out.
Pete David Louden's answer
More facts would need to be know to give you an answer such as whether or not there is a custody order, how long ago the child left Oklahoma with the mother, what legal actions you have taken and when, etc. Contact an attorney directly to discuss options.
More facts would need to be know to give you an answer such as whether or not there is a custody order, how long ago the child left Oklahoma with the mother, what legal actions you have taken and when, etc. Contact an attorney directly to discuss options.
Q: Does a family court judge change things when one party lies to the court and it is documented in a court minute order
Pete David Louden's answer
It seems that in most family law matters one party, or both, allege the other party has lied. If the court finds that someone has not been truthful with the court that person can be sanctioned.
It seems that in most family law matters one party, or both, allege the other party has lied. If the court finds that someone has not been truthful with the court that person can be sanctioned.
Q: Mother of my kids resides in a different county then where she is filing child support is this right?
Pete David Louden's answer
It depends on if this is an original action, if there is an existing case, how long she has lived at her current location, if she has lived where it was filed, etc. It will be fact specific. Contact an attorney directly. After asking you a few questions to determine proper jurisdiction they will be able to answer your question.
It depends on if this is an original action, if there is an existing case, how long she has lived at her current location, if she has lived where it was filed, etc. It will be fact specific. Contact an attorney directly. After asking you a few questions to determine proper jurisdiction they will be able to answer your question.
Q: What is "motion to settle" vs "trial" after reaching settlement through mediation in a divorce in Oklahoma?
Pete David Louden's answer
Motion to settle resolves an order that was either agreed upon or decided by the judge and the other party does not sign. Purpose is to get the court to sign an order.
A trial means there is no agreement and the court conducts a hearing "trial" to decide all contested issues.
Setting a motion for hearing is usually faster than scheduling a trial.
If you do not have an attorney I would suggest that you get one.
Motion to settle resolves an order that was either agreed upon or decided by the judge and the other party does not sign. Purpose is to get the court to sign an order.
A trial means there is no agreement and the court conducts a hearing "trial" to decide all contested issues.
Setting a motion for hearing is usually faster than scheduling a trial.
If you do not have an attorney I would suggest that you get one.
Q: How do I file contempt of court against ex-wife for required payments and against Lane Bryant (Comenity Bank)???
Pete David Louden's answer
Your action would be against your ex
not the bank. You can file contempt against your ex if she has willfully violated an order if the court. If found guilty she can be ordered to pay your attorney fees and in some extreme cases even be sentenced to jail.
Your action would be against your ex
not the bank. You can file contempt against your ex if she has willfully violated an order if the court. If found guilty she can be ordered to pay your attorney fees and in some extreme cases even be sentenced to jail.
Q: Does family of defendant need to talk to news when appeals are about to start
Pete David Louden's answer
You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.
You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.
Q: Father of my children has been out of thier lives for over a decade. No child support, no contact.
Pete David Louden's answer
There are only two ways to terminate parental rights in Oklahoma:
1) the child is adopted or
2) the state can terminate rights for abuse or neglect in a deprived child case.
Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
There are only two ways to terminate parental rights in Oklahoma:
1) the child is adopted or
2) the state can terminate rights for abuse or neglect in a deprived child case.
Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
Q: Mother request child support adjustment
Pete David Louden's answer
It could be that mother never pursued child support from the other fathers or could be the result of a shared parenting plan where the parents split equal time and have similar incomes. There could be several different explanations but the only way to tell you for sure would be to take a look at the other cases.
It could be that mother never pursued child support from the other fathers or could be the result of a shared parenting plan where the parents split equal time and have similar incomes. There could be several different explanations but the only way to tell you for sure would be to take a look at the other cases.
Q: If my sons mom cancels child support against me do I still pay back child support that I'm behind on?
Pete David Louden's answer
It would depend on your agreement and if any money is owed to the state. If all the money is owed to mom and she is willing to do an agreed order agreeing all support is paid in full you can do that. DO NOT rely on an agreement with her. You need to get a court order. If you do not get a court order it may bite you later in a big way.
It would depend on your agreement and if any money is owed to the state. If all the money is owed to mom and she is willing to do an agreed order agreeing all support is paid in full you can do that. DO NOT rely on an agreement with her. You need to get a court order. If you do not get a court order it may bite you later in a big way.
Q: I live in Oklahoma, my ex wife & I have joint custody but she is the custodial parent. She decided to move 2 hrs away
Pete David Louden's answer
If the children have been living with you and wish to stay in your home the process would be to modify your order. After reviewing your case an attorney can tell you how to get this done and your chance of success.
If the children have been living with you and wish to stay in your home the process would be to modify your order. After reviewing your case an attorney can tell you how to get this done and your chance of success.
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