Lawyers, Answer Questions  & Get Points Log In
Oklahoma Family Law Questions & Answers
0 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Oklahoma on
Q: My veteran parents homestead acreage was in our family for 62 years .Me being the eldest disabled son.

Just found this out.How can I get my parents homestead acreage back? 11 The probate homestead originates by force of statute, § 311, supra, provides:

"Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any... View More

0 Answers | Asked in Real Estate Law, Family Law and Probate for Oklahoma on
Q: My parents property was homestead acreage for years .How can I recover this property if trustee sold it?

Just found this-" Upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other... View More

0 Answers | Asked in Civil Litigation and Family Law for Oklahoma on
Q: If I give my son my home upon my death, can a child or wife take it from him through litigation?

this is a home in Fletcher, OK...

0 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My mom butil built a house with my brother it’s a separate house attached to his house she paid for her house

She paid for her house and part of his she told me that her house that is attached to his would be mine when she passed and she just passed but he tells me I can’t live there what am I entitled to? She had no will and I don’t think it was in her name she just had it built when he was building... View More

0 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Oklahoma on
Q: What is a parents legal obligations toward their child's online mobile phone use?

15 year old boy has been sexting, ordering sex toys, and getting drunk somehow.

0 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: The other party is currently homeless but has visitation every other weekend, do I have to let my children go with him

In the pass the other party threatened to keep my children from me & child support is trying to charge him for contempt so I feel like he is on the run and trying to take the kids with him Do I let the kids go with him or no I’m afraid if I don’t allow them to go then he will try to file a... View More

0 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I just filed contempt to court in regards to ex not refinancing a auto loan. Recovered the car needing repairs .

Selling the car to a dealership or even private party would put me upside down thousands of dollars. Do I put a judgement lien against the ex to try to recover this. What is my recourse? Here I am now stuck with a car that needs repairs and negative equity , due to her failure to refinance. What... View More

0 Answers | Asked in Family Law for Oklahoma on
Q: I want to get emancipated

I am 16 and I am pregnant due at the beginning of April and am wanting to remove myself and my daughter from a bad environment

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: Can I buy a house and deed it in my name only if married in Oklahoma?

I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Child Support and Family Law for Oklahoma on
Q: Why does DHS send me child support papers when my ex has not sign DHS papers in years for it so why am I being served

Papers for child support and a hearing to review my case how is there a case if my ex doesn't get benefits from DHS and hasn't contact them or dealt with them in many years so how can I find out my rights

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

It's possible that the Department of Human Services (DHS) in Oklahoma initiated the child support proceedings on behalf of your child, regardless of whether your ex has signed any papers or receives benefits from DHS. In Oklahoma, DHS has the authority to enforce child support orders and take... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: how do you write a motion to change guardianship from full guardianship to limited guardianship for college purposes

my son is special need kid amd there is a program in NESU that is called River Hawks scholar program that my son wants to go to but he is not accepted with full guardianship, but could be accepted with limited guardianship

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

To write a motion to change guardianship from full to limited for college purposes in Oklahoma, you need to follow a specific legal process. Start by drafting a motion document, which is a formal request to the court. In this document, clearly state your current status as a full guardian and... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

View More Answers

1 Answer | Asked in Family Law for Oklahoma on
Q: How does the victim of bigamy report it?

The party commiting bigamy is a member of 2 tribes.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023

If someone is a victim of bigamy and the individual involved is a member of two tribes, the victim should report the incident to the appropriate tribal authorities. Bigamy involves being married to two or more people simultaneously, and it is considered a legal and ethical violation. In this case,... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In the Divorce Decree, when dividing retirement accounts do the names of the accounts need to be listed?

Draft of Decree simply reads "his (company name) retirement account to be divided 50/50". Is this acceptable or will it create issues down the line?

Charles Watts
Charles Watts
answered on Dec 27, 2023

Technically it is ok.

Some attorneys like more information, some even like last 4 of account number, to eliminate questions. Other attorneys prefer less and would just say 50% of the retirement accounts to go to the other person to allow some flexibility. No set rule - both have pros/cons...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Family Law for Oklahoma on
Q: How do I dissolve a domestic partnership signed in Texas but reside in Oklahoma just happened to be working on the road.

Just needed to get her on my insurance. Son

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

To dissolve a domestic partnership signed in Texas while you're residing in Oklahoma, you should first review the specific terms of the domestic partnership agreement. It's important to understand the clauses that dictate the dissolution process.

Since the laws governing domestic...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.