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Questions Answered by Pete David Louden
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.

2 Answers | Asked in Family Law for Oklahoma on
Q: I am a father trying to get joint custody/visitation of my 5 year old daughter. Her mother and I were not married.

What court forms do I need to file

Pete David Louden
Pete David Louden
answered on Sep 11, 2021

I'm not aware of any forms, but a form would not help you anyway. If you are trying to get joint custody in a paternity case, you are going to need an attorney. There are many excellent attorneys in your part of the state. Contact a few and hire the one you feel comfortable working with on... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is a protective order case the right venue to file an indirect contempt of court?

When emergency protective order was made, the petitioner added special condition that once a week the defendant would receive a phone call from a restricted number to be able to speak with minor child. The petitioner has only called twice in a year.

Pete David Louden
Pete David Louden
answered on Sep 7, 2021

I think your first step is to have an attorney review what you have. If there is no existing custody order, your next step should be to obtain an initial custody determination in the District Court. Then, that order can be enforced. Hire an attorney to help you get this done.

Best of luck.

1 Answer | Asked in Child Custody and Domestic Violence for Oklahoma on
Q: If a judge granted a protection order knowing venue was in another county 22-60.3(D) is the default judgment void?

a paternity/custody case was pending between two parties when the mother filed for a protective order in another county. At the final hearing the judge set a review hearing con't the emergency order and transferred it to the county with the pending case. The judge there wouldn't hear the... Read more »

Pete David Louden
Pete David Louden
answered on Sep 7, 2021

It appears this question has been asked and answered on this site and others. The answers appear to be consistent. Please refer to previous answers.

Best of luck!

1 Answer | Asked in Family Law for Oklahoma on
Q: Can I file a motion to reconsider from motion for enforcement was denied??

Since the day of denied hearing she has stopped following orders visitation being the important one

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

Did you try to represent yourself at the hearing or did you have an attorney?

3 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I request supervised visitation for my ex when filing for divorce?

She is mentally I'll, drug abuse, over doses, violent, reckless

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

Just explain the situation and your reasons for the request to your attorney and the attorney will know how to make the request in your pleadings.

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2 Answers | Asked in Family Law for Oklahoma on
Q: I am 18. I live with friends and grandparents. My mom wont support me. I want to go to college. Can I emancipate?

I have a part time job and will get a full time job when I graduate. I want help with financial aid so I can better myself and go to college. What do I need to do to be emancipated

Pete David Louden
Pete David Louden
answered on Aug 22, 2021

If you are 18 you are an adult.

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