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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: My cousin is wanting to give me her unborn child because her and her husband are unable to care for her.

They are in AZ but willing to come to Oklahoma to have the baby. Where do I start? How do I bring home the baby when she is born

Charles Watts
Charles Watts
answered on Mar 10, 2023

If she comes here to have the baby then you will most likely avoid the legal issues of multiple states and thus making it easier and cheaper for you. Kinship adoptions are a fairly simple procedure and most adoption attorneys can assist you and most of us will give a free phone consult to make sure... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Oklahoma on
Q: Can Carter County combine a pending criminal case/allegation with a civil contempt child support case you're paying on?
Andrea Worden
Andrea Worden
answered on Mar 10, 2023

I think you are referring to money. County court clerks usually combine court costs and fines (on multiple cases) so that individuals have 1 payment to handle each month.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: If a victim suspends a protective order for a day to attend a family function should the order be thrown out
Pete David Louden
Pete David Louden
answered on Feb 28, 2023

A victim cannot suspend a VPO. Once ordered, only the court can vacate the order.

Best of luck!

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I'm in Oklahoma. My wife just filed for divorce and I would like to know if she can serve me with divorce papers?

She gave me papers about a Temporary Order and a court date hearing. At this point, I'm unable to afford representation in my behalf. How do I respond to the papers handed to me? Do I go to the court hearing date? What is the procedure and process to that?

John Michael Frick
John Michael Frick
answered on Feb 20, 2023

Personally, no. Her handing you the paperwork does not constitute formal service of process. It’s a rare courtesy.

Take the papers she gave you to a competent attorney with family law experience in or near the county where the divorce proceedings are filed well before the date of the...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I'm 17 in less than a month, I was told that I'm legally able to move out in Oklahoma. Is this true? I need out

I need to move out before I'm 18 because I could do more for myself if I was able to be somewhere else. I don't have a job, and can't because I still have no Social Security card or CDIB and I had my aunt order my birth certificate bc if I ask my mom she'll forget and get mad... View More

Pete David Louden
Pete David Louden
answered on Feb 19, 2023

In Oklahoma, you become an adult at the age of eighteen and at that time a person can make their own decisions.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is there an internet form I can print 2 vacate a divorce decree & submit N court ? Do U think I have cause 2 vacate? V

We signed a divorce decree >30 days ago , In District Court - Oklahoma City. I was intimidated, my attorney yelled! I would have to pay her $2000 more if she had to take this to trial ! Then she yelled I won't represent u at a trial! ( I've paid her using loans from my adult... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

It sounds to me like you hired a cut rate lawyer and received cut rate service.

You likely do not have grounds to vacate your divorce decree if one has been signed by a judge.

If there are substantial things you want changed in the divorce decree, you should contact an experienced...
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1 Answer | Asked in Family Law for Oklahoma on
Q: Does a child have rights to the parents estate after parental rights are relinquished?
Timothy Carignan
Timothy Carignan
answered on Jan 23, 2023

The short answer is No. Unless the child was specially named in a will, the child will not inherit. A provision for “all of my children” - or worse, no will at all - will not include a child who is legally considered someone else’s child.

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: Can I become executor of my deceased mothers land without a will in place?

I am one of 4 siblings. My mother passed and did not have a will. She was common law married but the land was purchased before the marriage and was only in her name. I have been paying the taxes on the land since she passed. What can I do to obtain the land since I am caring for it?

Charles Watts
Charles Watts
answered on Jan 10, 2023

Contact a probate attorney. These can be complex issues, and with a spouse involved (common law or not) the date the land was purchased is not relevant (it would be in the event of a divorce but not necessarily in death) - But first thing is the estate (land and all other belongings) needs to be... View More

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Oklahoma on
Q: My 83 year old father is being scammed and he’s sending money to who he thinks is a 20 year old that’s wanting to marry

him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?

Reece B. Morrel Jr
Reece B. Morrel Jr
answered on Jan 4, 2023

To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can a divorce decree be enforced if the spouse hasn't adhered to the final decree if said spouse passes away

34yrs married, mental harassment to go get divorce, during the year and a half of going thru this, on top of kids and I doing repairs,painting, etc. to home to be put up for sale, and the deaths of my brother, my ids Sad and finally my Son. He has sold of assets, moved money around and other... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 29, 2022

Rhonda, you really need a lawyer to help you with this! Many will let you pay the retainer in installments. Good luck to you.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 28, 2022

You should contact a family law attorney. Service of summons on an inmate i$ complicated. Buy yes, you can get a divorce, but you cannot marry for 6 months after your divorce is granted. Good luck.

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1 Answer | Asked in Family Law and Civil Rights for Oklahoma on
Q: My girlfriend's mother made false accusations to the DHS about me and I been cleared. Can I sue her for slander?

The DHS have taken the kids from the home and gave them to my girlfriend's mom.

Charles Watts
Charles Watts
answered on Dec 28, 2022

DHS reporting is confidential and anonymous. Therefore any blatantly false allegations can only be prosecuted by DHS.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: Grandmother had 5 acres and had no will and passes. Has 5 kids left behind and wanted each to have 1 acre but never

Deeded or willed. One of them lives on the 5 acres in the home where she had lived and had been there for about 5 years she has been deceased a year. No probate has been drawn up who has ownership of the property and can they sale all it or give it to another family member like a uncle or such?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Probating the grandmother’s estate will be the quickest and least expensive route to take. Sooner is better than later.

1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My spouse filed for divorce without my knowledge. We were separated for 3 months and he died before the divorce court

Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?

Charles Watts
Charles Watts
answered on Dec 24, 2022

If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: DOES CPS NEED PROOF AS TO WHY THEY REMOVED MY CHILD FROM OUR HOME? IS IT LEGAL TO USE MY CRIMINAL CASE AS A REASON?

My daughter has a criminal case pending. She has some mental health issues also an she was Inpatient in a behaviorial health facility for about 6 months. After being released we went to court where the judge placed her with a relative an had us go thru tribal courts to get legal guardianship. Which... View More

Pete David Louden
Pete David Louden
answered on Dec 23, 2022

Depending on the nature of the crime, criminal charges can be a very important factor. If children were removed from the home and you are not sure why, consult with an attorney in private and the attorney can review your case and help you identify the problem.

Best of luck!

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Pete David Louden
Pete David Louden
answered on Dec 22, 2022

Yes, any family law attorney in your part of the state can help her. Take a copy of the protective order and any other court documents to the attorney. Once they review what has been filed they will then be able to tell you exactly what needs to happen next.

Best of luck and happy holidays.

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1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: If the grandparents adopt said children would we be able to file for our parental rights to be reinstated if both

Parents and grandparents agree

Charles Watts
Charles Watts
answered on Nov 7, 2022

Once the parental rights are terminated and the original adoption is approved you would have to file for adoption of the child(ren) and prove that it is in the best interest of the child(ren)

2 Answers | Asked in Adoption, Child Support and Family Law for Oklahoma on
Q: If a father is paying child support and a step dad wants to adopt well child support be terminated
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 4, 2022

The bio dad must appear before adoption judge and consent to the adoption. His child support will terminate when the adoption is granted.

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1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... View More

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is "any other times mutually decided and agreed upon by and between parties" enforceable?

In current permanent parenting plan, custody exchanges are detailed except one. The phrase "Any other times mutually decided and agreed on by and between the parties" is included. Ex spouse refuses any and all requests for this as she believes that this is not enforceable if one party... View More

Charles Watts
Charles Watts
answered on Oct 28, 2022

Your question is a bit vague and not sure what the law enforcement provision is regarding to. In general “any other times” is just that times that are not specifically mentioned in the plan (ie. Regular visits, holidays, summer, etc…) and thus these times are merely optional so long as both... View More

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