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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Why would a lawyer say it’s not ideal to get engaged for a custodial battle

Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More

0 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: Can I file for emergency temporary coustdy due to mental health concerns for the minor child?

Minor child is inpatient at a mental health facility due to making sucidal statements along with feelings that she no longer wanted to live. Minor child says it due to how her mother talks to her yelling, name calling etc. when it’s mothers time. I would like her to remain with me once released... View More

0 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: If I was forced to sign a voluntary safety agreement after they removed my child is it still a voluntary agreement

Oklahoma cps removed our child under a voluntary out of home placement the night they took him I demanded they get a warrant ,instead they said they didn't did my signature amd removed him 2 days later at a family meeting after 3hours I signed due to the fact he was already gone and they told... View More

0 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If my child's mother has a P.O. against me that also includes our child. Is it possible to still get custody?

Child's mother is currently incarcerated and her relatives are currently caring for him. They were not signed over any type of temporary guardianship by neither the mother nor I.

0 Answers | Asked in Divorce and Child Custody for Oklahoma on
Q: How can we let go the lawyer when he has moved and we don't know how to locate him or contact him

He has told us that we would need to find a new lawyer but has not withdrew from the divorce/custody case he moved over to practice different law I do believe

0 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can biological parents remove their child from kinship foster parent if foster neglects medical needs & denies contact?

DHS removed my 2yr twins f/their home bc of lack of consistent monitors. I was already forced out of the home a week prior w/only supervised interactions. Againsts requests to not place them with my sister-raising concerns for their mental & emotional health & her likelihood to deny... View More

1 Answer | Asked in Child Custody for Oklahoma on
Q: How can u get form for filing a lawsuit
Charles Watts
Charles Watts
answered on May 8, 2024

Depends on the lawsuit that you are wanting to file. However, and I am aware this may sound snide, but if you are asking how to get the form, you may want to have an attorney help you, because the form is only the start of the process, you must then follow the procedures to insure the suit is... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Do I have a good chance of getting custody of my little brother?

I was 6 years old when my brother was born, and I've been at least helping out with taking care of him his whole life, from grabbing and temperature-testing milk for him as a baby to feeding and putting him to bed recently, I have changed more of his diapers then his dad (my ex-stepdad). My... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 1, 2024

You should consult an experienced family law attorney to help you. Good luck.

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: Can regain your parental rights after your rights have been terminated?

I had my rights terminated when my daughter was 3 now she's 15 almost 16 and is having issues in the home with her adopted parents and I was wondering if there's anything I can do get my rights back?

James L. Arrasmith
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answered on Feb 25, 2024

In Oklahoma, once parental rights have been terminated, the decision is generally considered final and irreversible. This means that the legal relationship between a parent and a child is permanently severed, making it extremely challenging to regain parental rights after termination. However, each... View More

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Native American Law for Oklahoma on
Q: Can a parent choose to not enroll an eligible child in a tribe-specifically Kiowa-? What are parental rights here?

Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More

James L. Arrasmith
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answered on Feb 4, 2024

In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More

1 Answer | Asked in Domestic Violence, Family Law, Native American Law and Child Custody for Oklahoma on
Q: Can a non-native father OBJECT to the enrollment of his child(5) and the transfer of child custody case to Tribal&ICWA?

The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More

James L. Arrasmith
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answered on Feb 4, 2024

In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: In Oklahoma, a child out of wedlock and there is no custody order in place, can either parent keep child away from them?

Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ?

James L. Arrasmith
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answered on Dec 24, 2023

In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the... View More

1 Answer | Asked in Divorce, Personal Injury, Child Custody and Child Support for Oklahoma on
Q: I'm going through a divorce. I didn't get a lawyer and my wife obtained a Protective order quite easily. I obay it.

She breaks into my home and wrote on my clothes with a chemical that left burns. I have pictures of burns on my face and body. What can I do to protect myself.

Charles Watts
Charles Watts
answered on Dec 27, 2023

File a vandalism police report and file your own VPO.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I sue my grandchild's mother for visitation rights to my grandchild

My son and the mother of his child have no custody/visitation agreement in place. My son was not aware that he was the father of this child for the first two years of the child's life. The child's mother listed another person as being the father on the child's birth certificate. When... View More

Charles Watts
Charles Watts
answered on Nov 20, 2023

Grandparents rights are a moving target in Oklahoma and for the most part grandparents rights are those given by the parents of the child. If your son has no official rights established through the courts then you are just another person and not technically a grandparent (legally).

1 Answer | Asked in Child Custody for Oklahoma on
Q: so her stepfather wants to adopt her, her biological father has not seen or made contact with her in 5 years

What steps do we need to take and how would we go about step parent adoption

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 26, 2023

As long as bio dad has not paid child support for the past 13 months, an adoption without consent can proceed.

Adoption is a complicated matter, you should retain an experienced family law attorney to help you.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Revoking invalid minor child POA that I did not grant/sign? Person who granted has no rights, I have sole custody

Was done without my knowledge, I'm not sure exactly which power of attorney it is, I'm needing to revoke because my son is being illegally withheld from me because of this one fraudulent document.

Charles Watts
Charles Watts
answered on Oct 25, 2023

If it is simply just a POA in which you grant power to someone, you simply can revoke that. However, this sounds more like a Guardianship. Due to the specifics in your case, you need to consult with an attorney rather than the reliance in a general forum such as this. Best of luck to you.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: In OK if a child is in an auto accident with a foster family, is parent who still has rights able to get accident report

The parent maintains parental rights and would like a copy of the police report.

T. Augustus Claus
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answered on Aug 22, 2023

In Oklahoma, if a child who is under the care of a foster family is involved in an auto accident, the parent who still retains parental rights may have the legal right to obtain the accident report. Typically, parents have the right to access information related to their child's well-being and... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: I have a friend that has a baby mama that is withholding him from seeing his child though he has custody is that legal?

There is no court order for this and they are trying to bribe him with 5k to sign his rights over even though he wants to see his son is this legal

Pete David Louden
Pete David Louden
answered on Aug 16, 2023

If he has custody and the other parent is withholding the child, he needs to quickly take legal action to enforce the court order. The court can only help him if he is takes the proper steps to bring this matter to court.

Best of luck!

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