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Oklahoma Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Is it illegal for my custodial guardian my grandmother to tell me that i cant go to my dads if i havent cleaned my room
Charles Watts
Charles Watts
answered on Mar 12, 2022

Yes. If she is the custodian due to a guardianship then she has authority over you.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: i seperated from my husband and had to move to washington with family due to a housefire.

he is witholding contact, contact info and concealing the location of my children

Charles Watts
Charles Watts
answered on Mar 4, 2022

Sorry for your misfortune in regards to your house. If that is the only thing in your case and there are not other circumstances then you should file a motion to enforce. Contact a family law attorney to assist you with this for best results.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have legal custody of my son’s daughter and have for over 5 years now. She wants to change her last name to mine.

Her father has agreed. He is in prison and mother is on drugs. I live in Oklahoma now but got custody of her in North Carolina. Where would I start the process?

Charles Watts
Charles Watts
answered on Mar 2, 2022

Based on the limited facts, you may be able to file here however you need to have an attorney look at the facts of your case.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Custodial parent has withheld children from non custodial parent for 4 years. What can be done?

Non custodial is behind in child support but is making payments. The visitation is court ordered and is not being denied by non custodial but not being followed by custodial due to no communication at all for the last 4 years, despite non custodial and family reaching out.

Charles Watts
Charles Watts
answered on Feb 22, 2022

From the limited information your best bet is to contact a family law attorney for a motion to enforce. However without fully researching the facts of your case this is a general recommendation.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm the mother and I want to sign temporary guardianship over to my parents. I'm in a Child safety case with DHS.

I need more time because DHS is wanting to take custody of her. The DHS worker has mentioned my mom to take temporary guardianship. If I sign temporary guardianship to my mom will DHS drop the case

Charles Watts
Charles Watts
answered on Feb 13, 2022

DHS may or may not drop the case. However, by your parents obtaining guardianship would allow the DHS worker to let your child remain in the care of a family member and not go into foster care in the event DHS stipulates you having to correct some items. If you feel there is validity to the... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: If a person is paying child support do I have to allow visitation/phone calls with the children can I stop communication

The father doesn't visit, in the last 2 years has visited 3 times. And is threatening court.

Anna L Self
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Anna L Self
answered on Feb 11, 2022

You need to look at the visitation schedule to see what the court ordered. I have never seen a judge disallow phone calls from a parent.

1 Answer | Asked in Child Custody for Oklahoma on
Q: Any laws in MO against moving to another state with your child before paternity is established?

He got an online DNA test kit after I moved from Missouri to Illinois, and he found out she is his after I moved to Illinois. He still doesn't know I moved, and hes been making threats to try and take me to court to get full custody of her. The courts have no reason to Grant him full custody,... Read more »

Charles Watts
Charles Watts
answered on Jan 5, 2022

You will need to post this in the MO and IL forums.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... Read more »

Charles Watts
Charles Watts
answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: What should i do if my 2 children live with me 100% of the time for 1&1/2 yrs and im still paying child support?

& does that mean that the person gettong child support for said children could come get my kids from me at any time even tho they are currently enrolled in school where we live (in a different state) plus i have medical etc etc for them

Anna L Self
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Anna L Self
answered on Nov 28, 2021

You should file to modify custody and ask the Court to make you the custodial parent with visitation to the other parent. You need a court order that says you are the custodial parent.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My child’s father hasn’t been doing his weekly visitation for the last 6 months but wants to start again

I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... Read more »

Charles Watts
Charles Watts
answered on Nov 11, 2021

If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: Is the western cherokee tribe of AR and Missouri protected by the icwa laws
Charles Watts
Charles Watts
answered on Nov 11, 2021

ICWA applies to all "Federally Recognized Tribes" -- I am not an expert in Native American tribes (therefore you should consult someone who has extensive knowledge on the tribal recognition), but it is my understanding that Western Cherokee Tribe of AR and Missouri are NOT recognized as a... Read more »

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 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 »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts
answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: If the custodial parent has died, do I still owe arrearges? And who do I owe them to?

After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on Oct 5, 2021

If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.

If the child is now an adult and...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: How can I continue the divorce when now he doesnt want to participate anymore? It was an agreement.

My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on Sep 30, 2021

It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an... Read more »

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 Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts
answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

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1 Answer | Asked in Adoption and Child Custody for Oklahoma on
Q: Can my adoption parents give me to another family.

i get thretend and im not loved as much asi would like and i dont get treated right.

Charles Watts
Charles Watts
answered on Sep 15, 2021

Children (minors) cannot just be given away legally, more specifically the parental rights still remain with the parent. There are legal avenues that can be taken.

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.

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