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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

Sabra M. Janko
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answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Family Law for Oklahoma on
Q: In Oklahoma, if you are married & you have joint ownership on all & beneficiary on investments. Does spouse inherit it?

Spouse has jount ownership & beneficiary on all, who inherits?

Charles Watts
Charles Watts
answered on Oct 15, 2022

The beneficiary will receive that benefit as those are processed outside of other items. Generally, As a joint owner it is normal to have rights of survivorship which the owner surviving receives the rights/ownership of the property in question. To get more specific answers with your case then... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: I. Oklahoma, if spouse dies & surviving spouse has joint ownership in home,& beneficiary on investments what happens?

Will surviving spouse inherit above?

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 15, 2022

A copy of spouse's death certificate SHOULD be sufficient for broker to change title to

Your name. Probate not necessary .

1 Answer | Asked in Divorce, Family Law and Tax Law for Oklahoma on
Q: I need to know who has POA over me. can u help me

I know a loan on my house was done when I was in prison. and this same person remarried myself and Logue. I thought I was divorced in 2012. But I have been supporting him and his other females unknown to me. My trust I had got wiped clean and now I'm over 20,000 in debt

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 26, 2022

if you are asking specifically regarding the IRS or State you can call, confirm your identity, and see who has an active Power of Attorney on your account. The representatives you speak to should be able to give guidance on how to revoke that power as well.

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a child that is almost 3 his dad has never had anything to do with him what’s the legal time to terminate rights

We were never married or lived together. Paternity was never established he is not on the birth certificate does he have rights since he absolutely does nothing for the child

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 11, 2022

Yes, Bio dad has rights, and you have rights to child support. DHS can help with this, or a private attorney can do it more quickly.

Parental rights can be terminated, but only in connection with an adoption.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my childs other parent is trying to keep them from school to goto mexico what am i able to do

Currently separated for 4 years but still married and she lives in the home i own

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 3, 2022

Mexico requires written consent of both parents for a child to enter Mexico.

Consult an experienced family law attorney for more help.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I'm here to ask about Oklahoma common law marriage. Do you have to prove all elements for common law marriage?

I had a child with this person. We lived together so I could take care of our child. I never claimed to be married to this person. Everything was under my name. No joint accounts.Throughout the years there have been times where we seen other people physically and sexually; she actually lived with... View More

Charles Watts
Charles Watts
answered on Sep 27, 2022

Common law is a fact intensive situation. Just one element may or may not be enough to establish it. However the intent of the parties to be a married couple is what has to be established. This is done by the other times such as the filing of taxes, claiming another as spouse on insurance... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do you have to have your ex signature to sign away your rights as a parent

Due to extenuating circumstances and the fact that my ex has parental alienated my kids that they absolutely refuse to have anything to do with me, do I need her signature to relinquish my parental rights.

Charles Watts
Charles Watts
answered on Sep 10, 2022

Once a parent always a parent until your rights are relinquished as a process of law. You cannot just simply waive the rights unless you are giving consent for a step-parent to adopt. Even if you attempted to waive the rights you are still responsible for support until someone else fills that role... View More

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... View More

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

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: My husband and I have been perfectly happy. My step daughter won't let me stay with them. What can I do to sue her

My husband has cancer and I have been his sole caregiver . Nobody in his family helped with anything.now that he's about to get his social security benefits she told him to move in with her and told me I can't stay with him. My husband is recovering from cancer so I would never want him... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 27, 2022

You should seek help from an experienced local probate attorney, who can file for guardianship of his person and estate. It should be no problem being appointed. You can then move husband back home.

1 Answer | Asked in Family Law for Oklahoma on
Q: Y.is.mom.lawyer.asking.me.to.sign.over.temp. Sole if.unwed.mom.already.supposedly has Sole.by.default.Pat/Custody.pend

I have open pat/Custody pending. Legally i am the presumed natural father. my lawyer is telling me if i do not sign her temp order offer she will not allow anymore visits or contact with the kids. Is thier nothing I can do to see my kids without signing the offer I don't agree with? It's... View More

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

Your lawyer should be able to secure a visitation order for you if mom starts withholding visits.

Six months is long enough for the case to be pending. Attorney should get case set for trial.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: If my child moves back in with the her mother do I still receive back child support payments?

The mother never paid child support for 8 years because she was on drugs and chose other things besides her daughter. There is a court order for child support against the mother. A little over 2 years ago she started seeing my daughter again after my several attempts to get a hold of her. Now my... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 16, 2022

The $14k in back child support will not go away.

1 Answer | Asked in Family Law for Oklahoma on
Q: My father died January 2019 my mother died five months later June 2019 they both were obviously still married and

My father died January 2019 my mother died five months later June 2019 they both were obviously still married and I have one brother older and they had one granddaughter which is my daughter I wasn’t only not told of my parents death but when I talk to my brother when my mother died he said that... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 11, 2022

You need to immediately contact an experienced probate lawyer in the county of your parents residence for help with this matter.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Oklahoma on
Q: Can a 85 year old diagnosed with dementia revoke power of attorney or transfer it?

Oklahoma Durable Power of attorney question:

My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..

My grandmother wants to revoke or transfer durable power of attorney from a family... View More

Nina Whitehurst
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answered on Jul 20, 2022

A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.

To create a new one, see an estate...
View More

1 Answer | Asked in Family Law for Oklahoma on
Q: My oldest daughter went to the judge and got emergency gaurdinship on my 9 yr old daughter w out us knowing

DHS came the day before and said we was ok is that legal to not let us know or even be able to defend ourselfes they came the day she went to judge showed up w cops and took my daughter

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 27, 2022

You should have received a notice of hearing. On such an important matter, you should obtain an experienced family law attorney to assist you at the hearing. Good luck.

2 Answers | Asked in Family Law for Oklahoma on
Q: My father recently passed away. About 6 months ago he purchased a sawmill for me and my wife. Now that he has passed

His executor of estate said he has bill of sell and wants it back. Only thing I have is all the people that my father told that he bought it for me

Charles Watts
Charles Watts
answered on Jun 24, 2022

Sorry for your loss. Due to the sensitive nature in dealing with wills/trusts you need to contact a probate lawyer to make sure your interests are represented.

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1 Answer | Asked in Family Law for Oklahoma on
Q: trial period for son she said no and brought up co pays and day care expenses from 5 yrs ago can she do this options plz

She has not provided any receipts and daycare expenses were from 5 years ago is there a statuette on this son wants to come live with me but she won't let him

Charles Watts
Charles Watts
answered on Jun 21, 2022

Assuming she has custody and you only have visitation, and If there is not an order saying she has to allow visitation (or visitation is dictated in the order) then it is within her rights to say no. You need to contact a family law attorney that can assist you with this, because these types of... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: joint legal custody and father is refusing to administer son's adhd medication during every other weekend visitation

5 year old not good to withdraw from meds for 2 days and what can i do

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 20, 2022

You need to contact your attorney to bring matter before the Court. The judge likely will order the meds given as prescribed.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: A family member has my kids and went to court for temporary custody it’s been more than a year since court and I want

And I want my kids back, they haven’t taken me back to court for it and i just want to know if I can show up and get my kids since the tempo custody was for 6 months and it’s been way past that. I just found out about this. My parents who have my kids dislike me very much. They had nothing... View More

Charles Watts
Charles Watts
answered on Jun 18, 2022

You do not have enough details to properly answer your question. However, as with almost any custody issue you should contact a family law attorney to discuss the specifics of your case and your options.

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1 Answer | Asked in Contracts, Family Law, Workers' Compensation and Antitrust for Oklahoma on
Q: what is my fiancé started lying about every of my rights and progress both emotionally
Charles Watts
Charles Watts
answered on Jun 13, 2022

There doesnt seem to be a question.

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