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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: how do i get a divorce court moved to another state due to conflict of interest?

my ex is an attorney in the court that we were divorced in. He is well known in the county and state that the divorce took place in. Im unable to pay for an attorney nor have i been able to get help from legal aid in this matter. I live in missouri now and I want the divorce court to be move to... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

There is no law that allows a divorce court or case to be transferred from one state to another. Each state has its own divorce courts. Once a divorce case has been properly began in one state, that state retains jurisdiction through the entry of the final decree. It sounds to me from your... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
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answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... View More

1 Answer | Asked in Child Custody for Oklahoma on
Q: When a couple has a child together but the father is still married to his wife, who has custody of the child in Oklahoma

The father is married. The mother is not.

Charles Watts
Charles Watts
answered on May 5, 2023

If the parties cannot agree then a paternity suit establishing custody would be the course of action to take.

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Oklahoma on
Q: oklahoma dhs is trying to serve me,there was a letter on my bf door when he got home,should i go pick up the paperwork ?

I haven't been serve yet,however I have called spoke w/the sheriff office asking what was this matter of the deputy told me i had until Friday to pick up the paperwork......what should i do?

Charles Watts
Charles Watts
answered on May 5, 2023

Get the paperwork. You simply refusing it will only make things more complicated in the long run.

1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2023

Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how...
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1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma on
Q: If a mother filed charges on the father for child abuse with injury and decides to drop the charges what are the

consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?

Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2023

This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)... View More

1 Answer | Asked in Child Custody for Oklahoma on
Q: If a father has full custody of the children can he deny the mother visitation if the court has not denied her rights
Charles Watts
Charles Watts
answered on Mar 27, 2023

He has to follow the order of the court for visitation/custody. If there is not an order in place then a custody action would need to be put in place to enforce visitation. Contact a family law attorney in order to discuss your specifics to get a more definitive answer to your unique situation.... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my child father to my current boyfriend before my child?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

A non-custodial parent can take a custodial parent back to court to modify custody or to modify the terms and conditions of possession at any time until the child reaches 18 years of age.

Any such case will be adjudicated based on the facts and circumstances proven by the admissible...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my boyfriend to my child father first?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... View More

Charles Watts
Charles Watts
answered on Mar 23, 2023

This should be in your divorce decree and/or parenting plan. The most common verbiage is that no one of the opposite sex can stay overnight - usually not just meeting. But you should contact a family law attorney to go over the specifics of your case.

1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: My cousin is wanting to give me her unborn child because her and her husband are unable to care for her.

They are in AZ but willing to come to Oklahoma to have the baby. Where do I start? How do I bring home the baby when she is born

Charles Watts
Charles Watts
answered on Mar 10, 2023

If she comes here to have the baby then you will most likely avoid the legal issues of multiple states and thus making it easier and cheaper for you. Kinship adoptions are a fairly simple procedure and most adoption attorneys can assist you and most of us will give a free phone consult to make sure... View More

1 Answer | Asked in Divorce, Adoption, Child Custody and Child Support for Oklahoma on
Q: In Oklahoma, I am the custodial parent, I have been married to my wife for 3 years we have been together since 2018.

The non custodial has been absent since 2017 and paid child support only one time in dec 2020 is my wife able to adopt my daughter? The non custodial parent lost her rights in court and has failed to cover her part of support and has had little to no contact over the last 6 years.

Charles Watts
Charles Watts
answered on Mar 3, 2023

Step parent adoptions are very common and to answer your question, and based on your given facts, probably yes. There are some avenues we often pursue to get that permitted through the courts. This is not something you will want to do on your own if you suspect resistance. Contact an adoption... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I'm 17 in less than a month, I was told that I'm legally able to move out in Oklahoma. Is this true? I need out

I need to move out before I'm 18 because I could do more for myself if I was able to be somewhere else. I don't have a job, and can't because I still have no Social Security card or CDIB and I had my aunt order my birth certificate bc if I ask my mom she'll forget and get mad... View More

Pete David Louden
Pete David Louden
answered on Feb 19, 2023

In Oklahoma, you become an adult at the age of eighteen and at that time a person can make their own decisions.

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Pete David Louden
Pete David Louden
answered on Dec 22, 2022

Yes, any family law attorney in your part of the state can help her. Take a copy of the protective order and any other court documents to the attorney. Once they review what has been filed they will then be able to tell you exactly what needs to happen next.

Best of luck and happy holidays.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: I just moved oklahoma 2 months ago and was told I couldn't file for custody in this state we lived in florida for years

Can I file in florida since oklahoma isn't the home state and florida was

Charles Watts
Charles Watts
answered on Nov 14, 2022

In Oklahoma, the child must be a resident within the state for 6 months. Once that is established, it remains that state until another state's residency jurisdiction takes over.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have a teen who ran away from the state of Kansas custody. I live in Oklahoma City will I have to send her back

I am teens biological mother but my rights were terminated to her 15 years ago. She has recently been taken by the state again but from her aunt that adopted her and doesn't want her back. she wants to be with me. I don't want them to come pick her up and not sure what I can do at this point

Charles Watts
Charles Watts
answered on Oct 29, 2022

Unfortunately for you you have no legal standing in keeping her if your rights were terminated. Her aunt “may” grant you guardianship which would essentially give you permission for custody but would not change your status in regards to the parental rights. This is all conditional on the courts... View More

1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... View More

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is "any other times mutually decided and agreed upon by and between parties" enforceable?

In current permanent parenting plan, custody exchanges are detailed except one. The phrase "Any other times mutually decided and agreed on by and between the parties" is included. Ex spouse refuses any and all requests for this as she believes that this is not enforceable if one party... View More

Charles Watts
Charles Watts
answered on Oct 28, 2022

Your question is a bit vague and not sure what the law enforcement provision is regarding to. In general “any other times” is just that times that are not specifically mentioned in the plan (ie. Regular visits, holidays, summer, etc…) and thus these times are merely optional so long as both... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my childs other parent is trying to keep them from school to goto mexico what am i able to do

Currently separated for 4 years but still married and she lives in the home i own

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 3, 2022

Mexico requires written consent of both parents for a child to enter Mexico.

Consult an experienced family law attorney for more help.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do you have to have your ex signature to sign away your rights as a parent

Due to extenuating circumstances and the fact that my ex has parental alienated my kids that they absolutely refuse to have anything to do with me, do I need her signature to relinquish my parental rights.

Charles Watts
Charles Watts
answered on Sep 10, 2022

Once a parent always a parent until your rights are relinquished as a process of law. You cannot just simply waive the rights unless you are giving consent for a step-parent to adopt. Even if you attempted to waive the rights you are still responsible for support until someone else fills that role... View More

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

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