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 Divorce and Family Law for Oklahoma on
Q: I never turned In my marriage license in Oklahoma will I be considered legally married
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

Yes, you will be considered legally married in Oklahoma even if you never turned in your marriage license. The marriage license is a record of your marriage, but it is not required for the marriage to be valid. However, it is important to turn in your marriage license as soon as possible after you... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: How does this protect an adoptee? - In the adoption of Martindale?

Adoption -- one-year statute of limitations for challenging

adoption decrees statutory -- limit to be strictly applied. --

The Arkansas Revised Uniform Adoption Act contains a one-year

statute of limitations for challenging adoption decrees; the

legislature's... View More

Charles Watts
Charles Watts
answered on Sep 20, 2023

This is an Arkansas case and Arkansas law. You could ask an attorney in Arkansas how it affects adoptions within their state (or connected to their state if it is an ICPC adoption). However, in general it does not affect adoptions in Oklahoma, unless Arkansas is where the baby is born, because then... View More

1 Answer | Asked in Estate Planning, Probate and Family Law for Oklahoma on
Q: My mother passed in 2015 and my stepdad claimed her ashes but now my stepdad has passed. Who gets my mother's ashes?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023

In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those... View More

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have proof of abuse with videos, but I can’t get them admitted into evidence. What can I do?

My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.

Pete David Louden
Pete David Louden
answered on Sep 18, 2023

The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.

Best of luck!

1 Answer | Asked in Civil Rights, Family Law and Landlord - Tenant for Oklahoma on
Q: Can my son throw me out of the house I've lived at fir 22 years with my mother if she left him the house after she passe
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

If your mother left the house to your son in her will or trust, he would become the legal owner upon the appropriate legal proceedings confirming the transfer. However, given that you've resided in the house for 22 years, you might have certain rights or claims. These could be based on... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: In OK if a child is in an auto accident with a foster family, is parent who still has rights able to get accident report

The parent maintains parental rights and would like a copy of the police report.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2023

In Oklahoma, if a child who is under the care of a foster family is involved in an auto accident, the parent who still retains parental rights may have the legal right to obtain the accident report. Typically, parents have the right to access information related to their child's well-being and... View More

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: I have a friend that has a baby mama that is withholding him from seeing his child though he has custody is that legal?

There is no court order for this and they are trying to bribe him with 5k to sign his rights over even though he wants to see his son is this legal

Pete David Louden
Pete David Louden
answered on Aug 16, 2023

If he has custody and the other parent is withholding the child, he needs to quickly take legal action to enforce the court order. The court can only help him if he is takes the proper steps to bring this matter to court.

Best of luck!

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Marriage in 2006, have not lived or been together since 07-08, my children aren't his, do they need mentioned in papers?

I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and... View More

Pete David Louden
Pete David Louden
answered on Aug 12, 2023

If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly.... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: filling a divorce but have been separated. talked about moving in with new partner Spouse and I have kids any problems?

Any problem with moving in with new partner?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2023

In Oklahoma, divorce laws can vary, and the impact of moving in with a new partner while going through a divorce could potentially affect matters like child custody, property division, and spousal support.

If you and your spouse have children, moving in with a new partner could potentially...
View More

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Why would a lawyer tell you to not take a new job while going through a divorce with a child and both parents have a job

Just trying to get a better paying job

Pete David Louden
Pete David Louden
answered on Aug 3, 2023

The only reason I can think of might be to minimize exposure for child support or possibly support alimony. With that said, I would go to the source and ask the attorney who made that suggestion to explain their strategy and then you will know for sure.

I wish you the best of luck with...
View More

View More Answers

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have DPOA over my mother signed in Georgia in 2012. She lives in OK now. Does OK recognize out of state DPOA?

I called her Medical insurance company and they said that they couldn't talk to me as they didn't have an OK DPOA. The GA DPOA had 2 witnesses and a Notary.

Richard Winblad
PREMIUM
Richard Winblad
answered on Jul 11, 2023

Sorry to hear of your headache with the insurance company. This is difficult to answer without seeing the power of attorney your mother signed.

____________________

Oklahoma Statutes Title 56 OS Sec. 3006(C) states:

C. A power of attorney executed other than in this state...
View More

1 Answer | Asked in Family Law for Oklahoma on
Q: I'm 18 and I'm wanting to move out into my boyfriend's house, but my parents say I cannot do that. My boyfriend is 17.

Is that true?

what the laws on that

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

The legal age of majority in most states in the United States is 18. Once you reach the age of 18, you are considered an adult and generally have the legal right to make decisions about where you live.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is it still a felony if my wife cheats we got married in NM but been living here in Tulsa since last year
Charles Watts
Charles Watts
answered on Jul 8, 2023

Technically it is still a state statute making it a felony. However, it has been rarely enforced since the 1960s. With the texas case of Lawrence it has become even more challenging because it’s a privacy issue between two consenting adults. Even though that case was a sodomy case between same... View More

View More Answers

1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My mother is living in assisted living and has appointed me as POA. It is durable general poa. Can I sell her home?

The poa under Powers of Attorney in Fact. states my power "include...to exercise...control & powers with respect to all of my property"

To sell, mortgage, or lease any and all real estate and interests in oil gas or other minerals, wheresoever situated, owned by me, and to... View More

Vincent Gallo
Vincent Gallo
answered on Jul 5, 2023

From what is stated, it appears that you have the authority to sell real estate.

1 Answer | Asked in Estate Planning and Family Law for Oklahoma on
Q: Do lawyers have a mandatory duty to tell another lawyer he's getting ready to be sued if he doesn't do something the

complaining party wants done?

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

Context and details are always critical, so I think an attorney would need to first know the specific situation you are referring to in order to know whether or not there might be a duty to do, or not do something.

If you have a specific situation, contact an attorney directly (don't...
View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Is custodial interference against the law in Oklahoma

My son has full custody of his daughter and the child’s mother either won’t meet him at the court ordered time and location when he is supposed to get her back after visitation with her mom or she has him driving everywhere to pick up child. There’s more to all of this but that’s about what... View More

Pete David Louden
Pete David Louden
answered on Jun 25, 2023

If the court order is clear about visitation exchanges, then it is a matter of enforcement of the order. If the order is not clear about exchanges, then it may need to be modified. Meet with an attorney and after the attorney reviews your case they will be able to explain your options and a plan... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I need motion of contempt. Motion for drug test to show as positive. Motion for judge to follow rules and procedures

I don't know where to find or how to draft. Unable to retain lawyer. But judge isn't following proper procedures, opposing counsel allowed to make hearings without motions per decree. Contempt motions. Motion for refused drug test to show as positive. And more..but where do I find these?... View More

Charles Watts
Charles Watts
answered on Jun 15, 2023

It is unfortunate that you feel the judge is ignoring procedure and the opposing party is getting away with things you do not agree with. You will not find any such forms here. This is a forum to get general answers to questions. I am not sure why you are unable to retain an attorney, but if you... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: If my ex wants to file for custody after I won custody 3 years ago will I be served papers

She is saying she filed and has received service papers with a court date but I was never served. I don’t know if she is lying about filing. I have had custody with her having every other weekend and holidays. I receive a little child support from her monthly per court order after our divorce.... View More

Pete David Louden
Pete David Louden
answered on Jun 13, 2023

As easy way to find out if something has been filed is to look at your case on www.oscn.net. If she has filed a Motion to Modify hire an attorney right away.

Best of luck!

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.