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
1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

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

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

1 Answer | Asked in Family Law for Oklahoma on
Q: I've been paying child support for a child that's not mine. Is there anyway I get this to stop? I NEED HELP!!
Hung-Lin Lai
Hung-Lin Lai
answered on Dec 5, 2023

Has a paternity test been conducted to determine that the child is not yours? File a motion with the court to modify child support. Without knowing more facts the best advice is to seek a family law attorney near you or search for legal clinics.

1 Answer | Asked in Family Law for Oklahoma on
Q: Mother moved with son. No notice. Refuses to give address. I'm ther adjudicated father. What are my rights to know?

No PO. She just told me "I don't have to" when I asked for address

Pete David Louden
Pete David Louden
answered on Nov 29, 2023

If you already have a custody and visitation order you can enforce that order. If you don't have one, then it sounds like you need one. Contact directly a family law attorney in your local area and they will review all of the details of your case and explain the steps you need to take going... View More

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: where can I find a consent to adopt template we could complete then take it to an attorney to file?
Charles Watts
Charles Watts
answered on Nov 20, 2023

The attorney will have this (or should) - and a consent has to be given in front of a judge who normally conducts adoptions. If you need assistance most of the members on here will give a free phone consult.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I sue my grandchild's mother for visitation rights to my grandchild

My son and the mother of his child have no custody/visitation agreement in place. My son was not aware that he was the father of this child for the first two years of the child's life. The child's mother listed another person as being the father on the child's birth certificate. When... View More

Charles Watts
Charles Watts
answered on Nov 20, 2023

Grandparents rights are a moving target in Oklahoma and for the most part grandparents rights are those given by the parents of the child. If your son has no official rights established through the courts then you are just another person and not technically a grandparent (legally).

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: HERE IN OKLAHOMA MY FINAL ADOPTION DECREE COMPLIES WITH THE UNIFORM ADOPTION ACT.

WOULD NOT THE CASE IN THE MATTER OF THE ADOPTION OF MARTINDALE A ARKANSAS SUPREME COURT CASE BE THE SAME AS OKLAHOMA UNIFORM ADOPTION ACT? ARKANSAS SUPREME COURT OPINION STATES THE 1 YEAR STATUTE OF LIMITATIONS MUST BE STRICTLY APPLIED (FROM THE DATE THE DECREE WAS ISSUED) SO THAT AN ADOPTION... View More

Charles Watts
Charles Watts
answered on Nov 20, 2023

Arkansas Supreme Court is authority over Arkansas state matters. Could it be used as persuasive in Oklahoma, maybe but it is by no means authoritative. The Oklahoma Uniform Adoption an act applies to Oklahoma adoptions. Your question is only going to be answered by getting with an attorney and... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Revoking invalid minor child POA that I did not grant/sign? Person who granted has no rights, I have sole custody

Was done without my knowledge, I'm not sure exactly which power of attorney it is, I'm needing to revoke because my son is being illegally withheld from me because of this one fraudulent document.

Charles Watts
Charles Watts
answered on Oct 25, 2023

If it is simply just a POA in which you grant power to someone, you simply can revoke that. However, this sounds more like a Guardianship. Due to the specifics in your case, you need to consult with an attorney rather than the reliance in a general forum such as this. Best of luck to you.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

View More Answers

2 Answers | Asked in Bankruptcy, Tax Law and Family Law for Oklahoma on
Q: I was served papers yesterday for contempt of court by my ex-husband stating I did not pay tax debt how to proceed?

papers state I did not pay the debt (an amended return was declined because of it was filed to late because he would not sign the amendment) however it has all been paid as far as I know, I have all my tax returns but I'm not sure how to proceed, do I need to get a lawyer? can I just submit... View More

Samuel  Landis
Samuel Landis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

It is a good idea to immediately file your tax returns. If needed, you can obtain your income transcripts directly from the IRS so that you have a record of your income that was reported to the IRS from which you may start return preparation.

View More Answers

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.