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Oklahoma Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: How can I object to my minor children being brought into my husband's custody battle with his ex.

I want to keep my children's information private from my husband's ex. She loves to use stories she's heard incorrectly to make my children look bad in court. I'm not interested in allowing my children to be used as a weapon in court any longer. How can I protect their rights to privacy.

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Oklahoma on
Q: I just found out my father died in 2018. I was never notified about it and I am His only son, that I know.

My parents were married when I was born. But after he tried to kidnap me and beat my mom when I was around 5 years old. Lawton police arrested him and he was never in our lives again or did he help with anything. So is it possible that I can file to receive any royalties, property or anything like... View More

0 Answers | Asked in Family Law for Oklahoma on
Q: If I filed a motion to enforce visitation, why didn't the OK county court give me a signed summons to send defendant?

The Defendant was granted temporary custody back in 2021 and the Temporary Order is still in place because a Final Decree hasn't been entered into court. The Defendant moved to Texas in 2023 with the children. Well as of October 29, 2024 she said I could no longer see my children except under... View More

0 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Oklahoma on
Q: How do I get a vpo dropped when they violated it and I’m the one being harassed and my vpo got dismissed?

July 30th I contacted my ex and said some things I shouldn’t of and I blocked him afterwards and his current girlfriend contacted me and threatened me and my family (me and my ex have a domestic violence past ) well I haven’t contacted them since July 30th and they showed up at my current... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: My visits and phone calls are being used to get money from me

She threatens to send my kids away, tells them horrible lies about me, yells at them, cusses at them, calls them stupid. Makes them stand naked if they have accidents while her kids make fun of them. What can I do

Aaron Bundy
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answered on Jan 1, 2025

Unfortunately, scenarios like the one you describe still occur. That is precisely what family law courts are for. If you are the other parent, you are able to take action to ask a judge to address her conduct and even possibly change custody. Your children's statements about what happen when... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Right now I'm depending on my wife for income basically everything and she always threatens to leave me s
Aaron Bundy
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answered on Jan 1, 2025

There are many factors that could impact your claim for spousal support in the event of separation or a divorce. Each spouse's earning capacity will be one factor. Another factor will be the length of the marriage. Support claims are fluid and fact-sensitive, so you would benefit from a... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Oklahoma on
Q: What legal rights does parents have regarding a CPS case?

CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent

Danya Bundy
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answered on Dec 25, 2024

If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: Can you sue for domestic violence or assault after the 3 year limitation if you have enough proof ?

I am wondering if it is legally possible to sue after the 3 year limitation if i provided enough proof

Aaron Bundy
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answered on Dec 25, 2024

Limitations on claims are governed by statute and are usually so fact-sensitive that you need to speak to an individual lawyer as soon as you can to determine whether you may bring a claim. With that said, Okla. Stat. tit. 12 § 95 places a one year limit on civil claims for assault & battery.... View More

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1 Answer | Asked in Family Law for Oklahoma on
Q: My oldest sons father got a protective order for him and our son against my daughters father. I don’t agree with the

Protective order because if it’s in place my daughter’s father won’t be able to be around to see his daughter. I want to know if I will get in trouble if I don’t bring my son to court hearing for the protective order? I was told since he’s a minor I would get in trouble but I don’t... View More

Aaron Bundy
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answered on Dec 25, 2024

You should always plan on attending court hearings and seek the advice of legal counsel when there is an open court case. If you do not agree with the other side's proposed outcome, not showing up to court virtually guarantees that they will win and obtain that outcome.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How to petition/motion the court for visitation by parent with my infant child who is under a guardianship in Oklahoma
Aaron Bundy
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answered on Dec 25, 2024

If there is an open guardianship, you will need legal counsel to help you file a motion for visitation. You will need to be able to demonstrate that you are the parent. If you are the alleged father, you may have to undergo genetic testing. You will also need to be able to show that it is in the... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Paternity and child custody

My son has a two year old daughter and is not married and does not live with child’s mother. They both recently found out that even though he signed paperwork at birth of his daughter, the hospital did not include his name as the father therefore he is not on the birth certificate. She moved to... View More

Aaron Bundy
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answered on Dec 25, 2024

Depending on when she moved to Kansas, he may need legal counsel either in Oklahoma or in Kansas. The "home state" of a minor child is generally defined as the most recent consecutive-six-month period where the minor child has resided. Whether the case ends up in Oklahoma or Kansas, he... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: My kids father is not really in her life and i was wondering if I should just leave it alone or try to get full custody.

My daughter is 7 weeks old. The father does not help financially. He post guns. He wants to drive her around with no license. The only way he wants to see her is if i drop her off at his girlfriends house but I have never met her and he has never taken care of his daughter before.

Aaron Bundy
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answered on Dec 25, 2024

Your question is very individual and fact-specific. You need to strategize privately with a lawyer. Sometimes it is worth going to court to obtain a custody order and specify each parent's authority and rights concerning the child, while in other cases a mother in your situation may decide to... View More

1 Answer | Asked in Divorce, Family Law and Education Law for Oklahoma on
Q: If a parent files a VPO against their spouse, can that spouse still have access to the child's educational records?

Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.

Charles Watts
Charles Watts
answered on Oct 7, 2024

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More

1 Answer | Asked in Estate Planning, Family Law and Native American Law for Oklahoma on
Q: What do i need to do to claim my daughters dad's belongings from his brother after he's been deceased for two yrs?

For 13 yrs my daughters dad and i lived together as a marred couple. 7yrs ago his health took a turn for the worse. He was placed on dialysis at home at first and then into a facility later. I was a good candidate for him to have one of my kidneys. So, I started working on meeting all the goals for... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Your question is not one that can be answered in this forum with a simple do this or do that. Based on your specific question, you will most likely be working in tribal court first. Contact an attorney who is on the bar of that nation for more specifics on your case.

1 Answer | Asked in Family Law for Oklahoma on
Q: If my kids were taken by DHS from their mother due to her mental instability what can I do as a father?

DHS was called on the mother of my 2 kids today it was found To be mentally unstable so DHS didn't like his. Me and the mother are not together nor do we live together. Being the father of the kids can I go get the kids legally or what do I need to do to keep them

Charles Watts
Charles Watts
answered on Oct 7, 2024

You will need to hire an attorney to assist you with this. Depending on what DHS is claiming, they could also be claiming a failure to protect against you. You need to have this all figured out first before moving forward.

1 Answer | Asked in Family Law and Banking for Oklahoma on
Q: My ex wife has a loan she defaulted on and the bank is taking it from my checking because her name is still on it.

We have been legally divorced since March 2020. She got all her own accounts and I never thought any more about it. She has apparently taken a loan out since then and has defaulted. The bank is taking the money from my checking account because her name is still on it. I can’t get ahold of my... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this situation. Start by gathering all your divorce documents and any paperwork that shows your ex-wife is no longer associated with your accounts. This evidence will be crucial in proving your case to the bank.

Next, contact your bank immediately....
View More

1 Answer | Asked in Elder Law, Family Law, Estate Planning and Civil Rights for Oklahoma on
Q: How can i take possession of my mothers ashes from the funeral home. I am her only surviving child.

My nephew has made all arrangements i had to find out she died from her nieghbor! No one in my family let me know. I think as her only living child i should have a right to her ashes so i know they are taken care of respectfully! How can i find out if she expressed any last wishes about who was to... View More

James L. Arrasmith
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answered on Aug 31, 2024

I’m sorry you’re going through this difficult situation. As the only surviving child, you generally have the right to make decisions regarding your mother’s ashes. You should start by contacting the funeral home directly, explaining your relationship and your concerns. Ask them if any... View More

1 Answer | Asked in Family Law, Civil Rights and Education Law for Oklahoma on
Q: Can a kid be suspended for 6 wks for saying he hopes there's a school shooting so he doesn't have to do testing

I believe he is on the spectrum. And when asked if he wanted people to die just so he didn't have to take tests he did not think it through that far.

James L. Arrasmith
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answered on Jul 27, 2024

Yes, a child can be suspended for such a statement, especially given the serious nature of threats involving school shootings. Schools must prioritize the safety of all students and staff, so even comments made without harmful intent can lead to severe consequences. This is particularly true in... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Oklahoma on
Q: If the police are lying on a police report against you. What should you do

They came in screaming at me . Crime scene was had numerous people in it, had no case number for search warrant, took things before they had a search warrant. Made me leave while they searched, ignored my request for an advocate when trying to get me to sign oaperwork

James L. Arrasmith
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answered on Jul 27, 2024

If you believe the police are lying on a report against you, it's crucial to take immediate and careful steps to protect yourself. Start by documenting everything that happened as soon as possible. Write down the details of the incident, including the time, date, location, and the names or... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Upon my ex & I divorcing in TX I was awarded half of his retirement. He stopped paying. How do I enforce as I live in OK

My ex is retired military. DFAS will not enforce because of the 10/10 rule. We we married for 6 years opposed to 10 years. When our son graduated high school 2022 he stopped payments and evades attempts to contact. I also do not think he was paying half before. I have no way to verify this.

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You need to hire a Texas attorney in or near the county where your divorce decree was entered to enforce the property division set forth in the Decree. If your spouse was ordered to pay monthly, was paying monthly, then stopped, you have two years from the date of the first missed payment to file... View More

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