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Oklahoma Family Law Questions & Answers
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!

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: DHS placed grand child in my custody. 1 year 6 months later we want to return child to parents. Can DHS prevent this?

Originally it was supposed to be a month. Mother is supposed to go to rehab. Left after detox.

Charles Watts
Charles Watts
answered on Jun 13, 2023

DHS decision will prevail in reunification with the parent(s) - if you do not want any longer then contact DHS and they will place in another home until the parent(s) either complete their tasks and are reunified or they terminate parental rights.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Will a marriage supercede a part in a custody agreement?

For instance, if there is a term that states no living together with your significant other for at least a year, would getting married supercede that?

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

Maybe. Some decrees will cite an exception for marriage, but some don't. It would boil down to to the exact language used in the decree.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do get all detail DHS record becise sueimg them
Pete David Louden
Pete David Louden
answered on Jun 9, 2023

DHS records can be obtained with a court order. The attorney you hire will know the process to get the records.

Best of luck with your case.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do I file a contempt claim against my ex husband who hasn't followed thru with his part of our divorce settlement?

I don't have the $ to pay my lawyer to move forward with enforcing the decree settlement how do i do that by myself with out representation?

Pete David Louden
Pete David Louden
answered on Jun 7, 2023

I have outlined below a few basic things to get you pointed in the right direction.

1. A good place to start would be to go to your local law library. Study the statutes related to the issues in your case.

2. Make sure you understand the rules of evidence.  This will govern what...
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1 Answer | Asked in Family Law for Oklahoma on
Q: hello i just need a professional opinion on a question real quick, so im going through a guardianship case and when our

children were placed in the care of my girlfriends sister and brother in law my girlfriend and i had the same criminal lawyer but he stood in for both sides in our child case so was with us and against us? is that a conflict of interest which should result in a reversal of guardianship

Pete David Louden
Pete David Louden
answered on Jun 2, 2023

An attorney would have filed an appearance for either the Guardian or the parents. There will be a copy of the Entry of Appearance in the court file.

To terminate a guardianship, it can either be terminated by agreement, or if the parties don't agree, if the parents can prove the...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: how do i get a divorce court moved to another state due to conflict of interest?

my ex is an attorney in the court that we were divorced in. He is well known in the county and state that the divorce took place in. Im unable to pay for an attorney nor have i been able to get help from legal aid in this matter. I live in missouri now and I want the divorce court to be move to... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

There is no law that allows a divorce court or case to be transferred from one state to another. Each state has its own divorce courts. Once a divorce case has been properly began in one state, that state retains jurisdiction through the entry of the final decree. It sounds to me from your... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
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answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... View More

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Which states child support laws are followed?

If I have had my child all her life and were residents of Oklahoma, her dad is in texas, which state child support laws does child support follow texas or Oklahoma?

Charles Watts
Charles Watts
answered on Apr 26, 2023

This is dependent on previous court orders. If the Oklahoma court has established jurisdiction over the child then Oklahoma calculations would be used. Likewise for Texas. If there is not orders in place then you would use the resident state of the child, because that state has more of an interest... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Can CPS start a case against me for dropping domestic charges
Charles Watts
Charles Watts
answered on Apr 22, 2023

CPS decision to pursue things is solely independent of any other actions. Regardless of whether you pursue the issue or not, once CPS determines a need for action then your action no longer has any bearing on what CPS does.

1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My step grandfather died recently and his estranged niece changed the locks on his house locking me out.

I've lived with him the past 8 years. I'm the only family that was present in his life. He married my grandma when my dad was a child. His only blood relative is an estranged niece from his sister. He planned to leave everything to me so my kids and I wouldn't be kicked out but he... View More

Peter J. Weinman
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answered on Apr 13, 2023

Even if her right to the property is superior to yours, she had no right to lock you out of your home without due process and a court order. I would call the police (not 911).

1 Answer | Asked in Divorce, Family Law, Criminal Law and DUI / DWI for Oklahoma on
Q: In the state of Oklahoma, is it legal to marry an individual, while still being married to another person?

I've searched public records to see if there is any kind of divorce decree or even a filing of a petition for either marriage licenses, and i am not seeing anything of the sort. This individual was never Common Law married. I read the public filing of both marriage licensing that was filed,... View More

Charles Watts
Charles Watts
answered on Apr 10, 2023

It sounds like your case has some very unique set of circumstances. Therefore, you need to contact a family law attorney for your best course of action. Most will give a free phone consultation.

1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma on
Q: If a mother filed charges on the father for child abuse with injury and decides to drop the charges what are the

consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?

Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2023

This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: The mother of my child and me have been together 20 years I was working far off when she was born I was given a very s

Ketchup reason as why I was left off birth certificate. Mother could be a tribal citizen if she is also deceptive how can I go about being legally recognized as the father put on birth certificate whatever gets me recognized the best because decision about my child are being made without my... View More

Charles Watts
Charles Watts
answered on Mar 28, 2023

There are limitations to the time for these situations. You need to contact a family law attorney with your specific details in order to get the most accurate steps to be taken. Additionally these are often fact intensive and should not be done without the assistance of counsel.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my child father to my current boyfriend before my child?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

A non-custodial parent can take a custodial parent back to court to modify custody or to modify the terms and conditions of possession at any time until the child reaches 18 years of age.

Any such case will be adjudicated based on the facts and circumstances proven by the admissible...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my boyfriend to my child father first?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... View More

Charles Watts
Charles Watts
answered on Mar 23, 2023

This should be in your divorce decree and/or parenting plan. The most common verbiage is that no one of the opposite sex can stay overnight - usually not just meeting. But you should contact a family law attorney to go over the specifics of your case.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: If my son has no legal father on his birth certificate can my fiance adopt him? The biological father knows of my son.

He has not taken care of him or seen him in about a year and a half, my son is 2.

Charles Watts
Charles Watts
answered on Mar 23, 2023

Not while he is your fiancé / after you get married then you can do a step-parent adoption. But the biological father will still have to give consent or you will have to prove in court why his consent is not necessary. Contact a family lawyer/adoption attorney for your best course of action.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oklahoma on
Q: My dad has dementia since 2020, I was poa. My daughter had him sign new poa in 2021not revoking mine, is this valid?

The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.

Anthony M. Avery
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answered on Mar 24, 2023

That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.

1 Answer | Asked in Family Law for Oklahoma on
Q: Can my daughter leave state of Oklahoma with baby if father and her break up
Charles Watts
Charles Watts
answered on Mar 19, 2023

This is a fact intensive question beyond a general forum question as parental rights are constitutional rights and you have to be careful. Your daughter, assuming is of legal age needs to contact a family law attorney to assist with her

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: We are looking into step parent adoption, I don’t have a father on the birth certificate, should he sign acknowledgment

Of paternity

Charles Watts
Charles Watts
answered on Mar 17, 2023

If you know who the father is then you need to get the dna completed and then have him sign a consent to the adoption. This is much faster and easier than having to do other things when the father is unknown. Contact an adoption attorney for your best course of action.

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