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Oklahoma Family Law Questions & Answers
0 Answers | 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

0 Answers | Asked in Family Law 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

0 Answers | 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

0 Answers | Asked in Family Law for Oklahoma on
Q: Hello, i am a 16 year old living in Oklahoma, would i be able to get emancipated based on the info i have shared?

I am living in a mentally and emotionally abusive household that is actively affecting my mental health in a poor manner and wish to be emancipated. I have a job and plan of education, along with a place to live however I cannot move in until I can get away from this household. I also have my... View More

0 Answers | 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

0 Answers | 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.

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....
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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

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

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: In Oklahoma if my father passed away and jm his only heir.how do I get a land title?

I've been paying the taxes on it for years

James L. Arrasmith
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answered on Jun 22, 2024

To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:

1. File a petition for probate in the county where your father resided or where the property is located.

2....
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1 Answer | Asked in Criminal Law, Family Law, Child Support and Civil Rights for Oklahoma on
Q: Can I sue my bigamist parents with bigamy since he passed and they knew?
James L. Arrasmith
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answered on Jun 21, 2024

To properly address this question, we'll need more information about the situation. However, I can provide some general insights based on the limited details given:

1. Bigamy laws: Bigamy is illegal in Oklahoma and most other states. It's typically considered a felony.

2....
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Public Benefits for Oklahoma on
Q: A deceased husband not living with wife. What is she entitled to ?
Timothy Carignan
Timothy Carignan
answered on Jun 12, 2024

If they’re still married, it doesn’t matter if they’re living apart. Typically, if a person dies without a will, the wife will receive everything unless there are children. This is yet another reason that everyone needs a will.

2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My father passed away in 2020. My stepmother remained in his house per his wishes.

It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?

Anthony M. Avery
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answered on May 31, 2024

Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not... View More

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