Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oklahoma Family Law Questions & Answers
2 Answers | Asked in Family Law and Tax Law for Oklahoma on
Q: How do I get my children's social if she wont give it to me? I'm the head of house hold.

I found out by DNA that I'm the father of twins in Dec of 2020. I am not on the birth cert. I moved to Oklahoma February 24th. I currently provide for the entire family. My two 8 month twin girls, her 7 yr old girl, her 17 year old son and her. she said she's moving out and i want to know... View More

Pete David Louden
Pete David Louden
answered on May 31, 2021

Best place to start is hire an attorney to file a paternity action to establish your rights. That will help you get a visitation order, child support order, and get the information you need for insurance purposes.

Concerning the custody of infants: As a practical matter, you would need some...
View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can the primary custodian keep kids from goin to other parents, jus cuz they are grounded?
Charles Watts
Charles Watts
answered on May 30, 2021

Based on the limited information in the question the short answer is NO. The child being grounded does not supersede a court order visitation schedule.

View More Answers

2 Answers | Asked in Family Law for Oklahoma on
Q: I’ve been my 4 yr old granddaughter’s legal guardian for well over 3 years. Would visitation thru courts be possible

She has been with me 24/7. For the past 3 months her dad has started spending some time with her including 1 or 2 over night stays per week. Her mom has been in life a bit more often but only bc I am the maternal grandmother. My question is due to her dad not caring about the bond she has with me... View More

Charles Watts
Charles Watts
answered on May 20, 2021

If you are the legal guardian then ultimately you have the control over the child and where they stay or do not stay. There was a reason the court put the guardianship in place to begin with. Contact an attorney to discuss your options but based on the limited information that is given here it... View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did... View More

Charles Watts
Charles Watts
answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: My fiancé has a child with his ex she will not allow him to see the child or have visitation because of me

His ex will not allow visitation of their son due to her not liking me or the child he and I had together he hasn’t paid child support because of a job situation so she is now adding that to a the reason he can’t see their son they have done a paternity testing and proved he is the father. They... View More

Anna L Self
Anna L Self
answered on May 24, 2021

Yes, your finance an file for visitation. He will also be required to pay child support. He should hire an attorney to make sure the paternity has been established and get support and visitation ordered by the Court.

View More Answers

1 Answer | Asked in Family Law for Oklahoma on
Q: Our daughter was taken into Emergency custody on Dec 21 2020. We had an Adjudication hearing on May 4 2021.

We did have a court appointed attorney who wouldn't work with us. My husband works from 6am to after 4 Monday through Saturday. We tried to email her information and asked for conference calls and she refused. When we arrived at court the day of the the Adjudication hearing the attorney asked... View More

Pete David Louden
Pete David Louden
answered on May 9, 2021

If the case was continued then you have time to hire an attorney to help you with the case. Meet with an attorney so they can review your case and once the attorney has a handle on what has happened they will be able to explain your options.

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a VPO against my ex for domestic violence. We are currently going through informal mediation for child visits.

My brother is the mediator. We were court ordered to go through third party visitation. Can he quit? His name isnt on any paperwork and we never signed any agreements.

Pete David Louden
Pete David Louden
answered on May 6, 2021

Did the court approve your brother to serve as mediator? Mediators usually have formal training so not sure how that is possible unless what you mean is he is a visitation supervisor.

Either way, sounds like you are in desperate need of an attorney.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden
answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

1 Answer | Asked in Divorce, Family Law and Personal Injury for Oklahoma on
Q: Is there a term in which a person can no longer sue for spousal abuse/domestic abuse/assault ?
Pete David Louden
Pete David Louden
answered on May 4, 2021

I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... View More

Jessica Brown
Jessica Brown
answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
View More

View More Answers

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Did judge deny me due process by setting a review hearing?

A judge in creek County ordered a emergency protective order to be transferred to tulsa to be heard in conjunction with pending FP case due to minor child listed. Creek County judge then sets a review date to be back in his court 90 days from then. Petioner never set a hearing in tulsa. Tulsa... View More

Pete David Louden
Pete David Louden
answered on May 3, 2021

Combining a VPO with a paternity or divorce case is common. After the cases were consolidated, was a hearing set (by either party) to address both matters in the paternity case?

Did the parties have attorneys or was this a pro se deal gone wrong?

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How can I sue for alienation of Affection? I have MANY witnesses that my marriage was great before other woman.

My husband has been talking to another woman on the phone. States they have not had sex but he wants a divorce because he is in love with her. Wants me to move out so she can move in our house.

Jessica Brown
Jessica Brown
answered on May 3, 2021

I'm sorry to hear about that. It's such a tough position.

That cause of action, alienation of affection, was abolished in Oklahoma in 1976.

I wish you the best.

2 Answers | Asked in Family Law for Oklahoma on
Q: My Ex husband is getting demanding with questions about our 16 y/o a week before court. Am I legally bound to answer?

He is constantly texting and expecting an immediate answer, if I don't he accuses me of maliciously ruining their relationship or even neglect.

Pete David Louden
Pete David Louden
answered on Apr 30, 2021

That sounds unreasonable to expect an immediate response. If you don't have an attorney hire one quickly before your hearing.

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Is it legal to place a tracking/recording device in my wifes vehicle if i own the vehicle?

In the process of getting a divorce and my wife has been doing things against court orders, while in possession of our children, that i see as being potentially harmful to there wellbeing. I cant legally protect them without evidence and this is the only way i can see to obtain any. Thank you for... View More

Pete David Louden
Pete David Louden
answered on Apr 28, 2021

My opinion would be no. You will probably get a whole lot further if you hire an attorney and let them guide you on what type of evidence will be admissable in court and most helpful.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: what does this mean in my custody case? i was supposed to have a new court date but they posted this instead.

REQUEST FOR TEMPORARY ORDER HEARING IS DENIED. THERE IS A CHILD OF THE MARRIAGE (X2) SEE ALSO: FD-20-469. BOTH CHILDREN WERE BORN DURING THE MARRIAGE OF FD-20-469; MUST FOLLOW UPA.

Pete David Louden
Pete David Louden
answered on Apr 21, 2021

Without seeing the pleadings or knowing any of the details of your case I can only guess. It sounds like maybe a Petition for Divorce and Application for Temporary Order was filed that failed to disclose there were children of the marriage. I am also going to guess that this sounds like a pro se... View More

2 Answers | Asked in Family Law for Oklahoma on
Q: My sister's passed away leaving behind 3 kids she had no Will. Her friend has 2 of the kids. I want the kids

She has a court date but that's all I know. What can I do

Pete David Louden
Pete David Louden
answered on Apr 13, 2021

What you need to do is hire an attorney if you want to fight for guardianship of the kids.

View More Answers

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can I remove my 18 yr old daughter and her 20 yr old girlfriend without legal eviction?
Timothy Carignan
Timothy Carignan
answered on May 5, 2021

They are both legal adults. If they aren't paying rent, then they aren't tenants and don't have the rights that tenants have. You can ask them both to leave, and you can call a sheriff if they refuse.

However, this will almost definitely do great harm to your relationship...
View More

1 Answer | Asked in Family Law for Oklahoma on
Q: What is the next step to take, if a judge does not honor this law?
Pete David Louden
Pete David Louden
answered on Apr 6, 2021

Some additional information would be helpful in order to answer your question.

What specific law are you referring to?

Did an attorney say a law was not followed or is a pro se litigant saying a law was not followed?

What type of case: criminal, family, civil, protective order, etc?

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Could or should I call the police if my ex decides she is going to keep our kids on my court mandated day?

Follow up to a previous question, thanks.

Pete David Louden
Pete David Louden
answered on Apr 1, 2021

Calling police won't help as this is a civil matter. The court enforces visitation orders, not the police.

If she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you...
View More

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: can i lose my parental rights if i sign perimission to another family member to have partial parental rights?

my daughter lives with my cousin in another town because she is going to school there. They want to get her teeth fixed but in order for them to get her on their military insurance, she has to be part of their family so they want me to sign some kind of temporary parental control or something like... View More

Pete David Louden
Pete David Louden
answered on Apr 1, 2021

Parental rights in Oklahoma are only terminated in connection with an adoption or for abuse/neglect in a deprived child action. If there is a guardianship where someone else has control of your kids that does not terminate your rights, but it can give that person the right to have possession of... 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.