Questions Answered by Pete David Louden
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.
Q: What do I do if my 8 month old daughters dad requests to terminate his rights?
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: I need someone to help me get full parental right over my son
Pete David Louden's answer
If there is no existing order and the child lives in Oklahoma you would file in the county where the child resides. Where in Oklahoma is your case?
If there is no existing order and the child lives in Oklahoma you would file in the county where the child resides. Where in Oklahoma is your case?
Q: My husband and his ex have joint custody of their 3 kids. They agreed in mediation that he'd pay 60$ weekly in child
Pete David Louden's answer
I understand how its possible to get behind, especially with a new baby. Just get it caught up as quick as you can and then there's nothing she can do.
I understand how its possible to get behind, especially with a new baby. Just get it caught up as quick as you can and then there's nothing she can do.
Q: how do I keep the other party from moving our case to another county?
Pete David Louden's answer
First step is have an attorney review your case and they will then be able to tell you the best way to defend a transfer of venue.
First step is have an attorney review your case and they will then be able to tell you the best way to defend a transfer of venue.
Q: If kids are 13 and 15..do they have a choice where to go if mother dies and father becomes custodial parent?
Pete David Louden's answer
The preference of the children could be considered by the court and the boyfriend could try to file a guardianship. To get a guardianship over a parent the court would have to find the parent unfit. Cases like this are fact dependant and really cant be fully addressed in this format. To get a reliable answer contact an attorney and discuss in detail all the fine points of the situation and then they can give you an opinion.
The preference of the children could be considered by the court and the boyfriend could try to file a guardianship. To get a guardianship over a parent the court would have to find the parent unfit. Cases like this are fact dependant and really cant be fully addressed in this format. To get a reliable answer contact an attorney and discuss in detail all the fine points of the situation and then they can give you an opinion.
Q: My ex wife is dying of cancer...she is the custodial parent..will I automatically be awarded custody of kids?
Pete David Louden's answer
If it is an Oklahoma case custody would go to the other parent unless there is some good reason not to such as drugs, criminal history, etc.
If it is an Oklahoma case custody would go to the other parent unless there is some good reason not to such as drugs, criminal history, etc.
Q: Divorce advice
Pete David Louden's answer
To get a divorce all you have to prove is that one of you wants a divorce. To give you an opinion on your odds of custody an attorney would need to know all of the facts of your case. Contact an attorney to discuss your situation and they will be able to explain your options. Pete D. Louden www.nornanlaw.com
To get a divorce all you have to prove is that one of you wants a divorce. To give you an opinion on your odds of custody an attorney would need to know all of the facts of your case. Contact an attorney to discuss your situation and they will be able to explain your options. Pete D. Louden www.nornanlaw.com
Q: My son is from Oklahoma and has been put up for adoption.
Pete David Louden's answer
This is going to be fact dependant. Best answer is contact an Oklahoma attorney and fully explain what has happened up to this point and then they will be able to explain your options.
This is going to be fact dependant. Best answer is contact an Oklahoma attorney and fully explain what has happened up to this point and then they will be able to explain your options.
Q: Can I terminate my daughter's dads rights if he is in jail?
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.
If at some point you remarry and want to do a step parent adoption that may be an option.
You could also pursue a name change but would have to give the father notice.
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.
If at some point you remarry and want to do a step parent adoption that may be an option.
You could also pursue a name change but would have to give the father notice.
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.
