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Questions Answered by Pete David Louden
1 Answer | Asked in Child Custody for Oklahoma on
Q: Do I have to go to Oklahoma to get my child legitimized when he was born in Georgia and his mother moved out of state.

He was born in Georgia and moved 2 years ago. I’m not on child support yet either.

Pete David Louden
Pete David Louden answered on Apr 9, 2021

You would file the case in the state and county where the child currently lives. Hire an attorney and they can get this done for you.

1 Answer | Asked in Family Law for Oklahoma on
Q: What is the next step to take, if a judge does not honor this law?
Pete David Louden
Pete David Louden answered on Apr 6, 2021

Some additional information would be helpful in order to answer your question.

What specific law are you referring to?

Did an attorney say a law was not followed or is a pro se litigant saying a law was not followed?

What type of case: criminal, family, civil, protective order, etc?

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: My 17 yo has runaway what are my rights as the parent. I've contacted local authorities and filed a runaway report.

My 17 yo has runaway, I've contacted local authorities and filed a runaway report. I've been told by authorities that if they make contact with her they can not force her to return home if she refuses. If I make contact with her can I as her mother force her to come home? If not, what are... Read more »

Pete David Louden
Pete David Louden answered on Apr 2, 2021

Assuming there is not something going on in the home that would be a legitimate reason for the child to be placed outside the home, then my answer is pretty straightforward.

As the parent, you make the rules, period. The child does have options but you can limit those options to the child...
Read more »

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: can i lose my parental rights if i sign perimission to another family member to have partial parental rights?

my daughter lives with my cousin in another town because she is going to school there. They want to get her teeth fixed but in order for them to get her on their military insurance, she has to be part of their family so they want me to sign some kind of temporary parental control or something like... Read more »

Pete David Louden
Pete David Louden answered on Apr 1, 2021

Parental rights in Oklahoma are only terminated in connection with an adoption or for abuse/neglect in a deprived child action. If there is a guardianship where someone else has control of your kids that does not terminate your rights, but it can give that person the right to have possession of... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Could or should I call the police if my ex decides she is going to keep our kids on my court mandated day?

Follow up to a previous question, thanks.

Pete David Louden
Pete David Louden answered on Apr 1, 2021

Calling police won't help as this is a civil matter. The court enforces visitation orders, not the police.

If she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you...
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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex-wife is threatening to keep the kids on my day that is outlined in the court paperwork. What are my options?

She made plans on my day and has told the kids she is going to keep them whether I agree to allow her to or not. Could I call the police?

Pete David Louden
Pete David Louden answered on Apr 1, 2021

If you have a court order for visitation and she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you could agree to a make up visitation day on one of her scheduled days. If it is... Read more »

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1 Answer | Asked in Child Support for Oklahoma on
Q: How can I change a child support order without an attorney?

I am in OK. My ex is in GA (where our divorce was, but he's in a different county). My oldest son went to live with him and I kept my youngest so we had new papers drawn up. The support order was calculated on both of our incomes of course but as mine was lower, the order only shows that he... Read more »

Pete David Louden
Pete David Louden answered on Mar 26, 2021

If the court orders are in Georgia and jurisdiction has not been moved to Oklahoma, looks like you will need to consult with an attorney in Georgia.

If the case has been moved to Oklahoma then you could consult with an attorney in your local area.

Either way, this does not sound...
Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: I want to file for a divorce. I live here in Tulsa, OK and my husband lives in Florida, do I file here or in Florida?
Pete David Louden
Pete David Louden answered on Mar 25, 2021

You can file in Oklahoma if you have lived in Oklahoma for the last six months and file in the county where you have lived the last 30 days. If the other party does not live in Oklahoma and does not agree to submit to Oklahoma jurisdiction then you could have a jurisdictional issue so meet with an... Read more »

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1 Answer | Asked in Child Support for Oklahoma on
Q: Can you force the mother to get a job bc of child support? She has multiple degrees just wants to be supported.

I understand it’s calculated by his and her income and hers is just minimum wage since she doesn’t work, but she has multiple degrees from college she just wants everyone else to take care of her instead of being a provider. Then turns around and wants him to take their daughter Friday,... Read more »

Pete David Louden
Pete David Louden answered on Mar 24, 2021

It is possible for the court to impute income based on her education, past work experience, and ability to earn. In my experience this is hard to do but is possible.

With that said, be careful what you ask for because sometimes this can backfire if she then starts working and child care...
Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: My son is paying support plus insurance for the child he doesn't see. The mother is married and her husband owns a

business. They have a good income. Would the mother's income offset my son's support? He pays $275/mo and over $150 a month for the child's insurance.

What I’m asking is, can his support amount be reduced because he is paying for health care on the child now. His child... Read more »

Pete David Louden
Pete David Louden answered on Mar 17, 2021

I am not sure what you mean when you ask if the income of the mother would offset child support.

The income of both the mother and father is factored into the child support computation. The income of her husband is not considered.

2 Answers | Asked in Divorce for Oklahoma on
Q: Just now starting divorce process; do we need our own lawyer?

My soon to be ex husband and I are in agreement on everything inside our house as far as who will get what. We have it on paper and are about to have it notarized. However, we just bought this house on 9/30/2020 and he is wanting to stay in the house. I do not mind if he does, I just don’t know... Read more »

Pete David Louden
Pete David Louden answered on Mar 16, 2021

Yes. You should each have your own attorney. One attorney cannot ethically represent both sides at the same time.

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1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: Divorce decree Alimony requirements and VA disablity

I have my signed decree that states, "Support alimony payments shall only terminate if Petitioner remarries". My ex-wife informed me she has remarried effective 5 March 2020. I have paid the amount in full as required for March. When April rolls around do I require a court injunction... Read more »

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

Hire an attorney to help you terminate the alimony payment. Things at the courthouse are moving slow with the weather closings and covid so get this filed asap.

VA is used for purposes of gross income in calculating child support.

2 Answers | Asked in Divorce for Oklahoma on
Q: Can my separated spouse come back to the house when ever he wants? He moved out 4 months ago and has his own apartment.
Pete David Louden
Pete David Louden answered on Mar 5, 2021

I don't see why not unless there is a court order stating otherwise.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: How can I go about getting child custody when my child was taken out of state without a yes from an attorney?

When my child was 1, the mother of my child left the state without consulting an attorney and I haven’t been able to see my child in almost 4 years. We have had shared custody since my child was born. She is posting online about being under the influence, selling illegal drugs and blatantly... Read more »

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

Your post raises a few questions and if you can provide some additional information I will try to point you in the right direction.

You say you have shared custody. Is there an actual custody/visitation order from the court? If so, what court?

Where does the child live now and how...
Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: My child is 20 , 5 months pregnant and living with a man. I was told by DHS of Mississippi I still have to pay until s

She is 21 years of age regardless how can this be right?

Pete David Louden
Pete David Louden answered on Mar 3, 2021

Is it an Oklahoma child support order or is it a child support order entered in a different state?

1 Answer | Asked in Child Custody, Family Law and Tax Law for Oklahoma on
Q: My son turned 18 in August . And I want to know if that nullified the child custody plan?

In the Child custody plan my ex is entitled to claim our “minor” child on his taxes, with the proper form. Is this still in affect, now that he is no longer a minor?

Pete David Louden
Pete David Louden answered on Mar 2, 2021

It depends on if the child still in high school and the language of your court order. Have an attorney review your order and the facts of this matter for a reliable answer.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: No gun was found so does that mean they have no evidence besides what the witnesses have told the police?

Only one of the two victims is cooperating.

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

You won't know for sure what evidence the state has until discovery is received. The discovery will disclose the state's evidence. Talk to your attorney if you already have one, if not hire one asap.

1 Answer | Asked in Family Law for Oklahoma on
Q: My parents were appointed guardianship under 10A section 1-4-709 Last year judge is tryin to put them back in dhs
Pete David Louden
Pete David Louden answered on Feb 25, 2021

There is not enough information here to know what is going on with this case. With that said, if there is a threat that children may be removed by the state the guardians and the parents each need to hire attorneys right now. It is always better to take action to try to prevent the removal than... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Pete David Louden
Pete David Louden answered on Feb 25, 2021

Family law cases are not as simple as filing out forms. Preparing the proper documents in only part of the equation. It is also critical to follow the appropriate procedure, local court rules, and fully understand the rules of evidence so any evidence can be properly presented and considered by... Read more »

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