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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law and Civil Litigation for Oklahoma on
Q: My son moved out back in may of 2021, and he is trying to put a VPO on me and all I do is worry about him.

I should have rights to check on my son, he thinks IM out to hurt him cause he stole a truck from me which is NOT the case I love him very ,much and I just want to check on him, Im his father what are my rights, He is 18 tho but still

Pete David Louden
Pete David Louden
answered on Nov 4, 2021

If a protective order has been filed, hire an attorney to defend you. You do not want a PO to be entered because it can follow you and impact your life in many ways.

Best of luck.

1 Answer | Asked in Family Law for Oklahoma on
Q: Do I have to submit discovery paperwork to the judge as well as the other side in a paternity case in Oklahoma?
Pete David Louden
Pete David Louden
answered on Nov 3, 2021

Discovery is not filed or submitted to the court.

I can tell by your question that you are in over your head in the deep water. You need an attorney. If the other parent has an attorney and you don't, it usually does not end well.

Best of luck!

1 Answer | Asked in Family Law for Oklahoma on
Q: can I get DPOA for my 20 year old daughter who is in coma if her boyfriend is trying to use his rights as POA with tax

I had POA medical firsts they didn't listen to him say he was common law but the only thing he's provided was proof of taxes together but I believe he's controlling mentally abusive shes going to have Brain damage can't let her go back. Weak-minded and moldable if she says... View More

Charles Watts
Charles Watts
answered on Nov 1, 2021

No. The person giving you the POA (your daughter) has to be the one giving you the POA and she cannot do that in a coma. You have options if the boyfriends POA does not continue through incapacitation but you would need to have an attorney review it. If that is the case then you may be able to get... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: I want half of my dead fathers estate

Father died 3 years ago and left no will his only legal heirs are me and my younger brother; said younger brother decided to make himself executor of the estate. He went to court over the property and won; a quit claim deed was signed over to him and him alone. Is it possible to get half of our... View More

Anna L Self
Anna L Self
answered on Oct 29, 2021

You would need to talk to a probate attorney and have them review the court documents that you have. You state that "he went to court and won". If the judge already decided that all of the property should go to your brother it may be too late. However, that makes no sense. If a probate... View More

1 Answer | Asked in Family Law and Personal Injury for Oklahoma on
Q: Can I sue my ex husband for part of a death settlement he received from our daughter's accident?

My 21 year old daughter passed away last year. It was an ATV accident, my ex husband her father filed a death suit before I did. He received the settlement money this year and even though I was named in the documents as her mother next of kin, she wasn't married or had children I wasn't... View More

Howard Berkson
Howard Berkson
answered on Nov 19, 2021

You can sue, but you may not have to. You might try contacting his attorney and see if his attorney can talk some sense into him. If that doesn't work, you'll need to contact an attorney. If you don't think anybody can talk any sense into him, you may want to get an attorney and... View More

2 Answers | Asked in Family Law and Workers' Compensation for Oklahoma on
Q: Prior of death a person was receiving unemployment benefits; is a family member entitled to these benefits after death?

Can you give me the statue of this law to the question in Oklahoma.

Charles Watts
Charles Watts
answered on Oct 24, 2021

Unemployment is payable to an eligible employee, not to heirs or their estate. Therefore when the employee dies they are no longer an eligible employee and the payments must stop.

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I obtain a documents stating I have Sole custody. Our son was born out of wedlock and we never have gone to court

For 9 years I have had custody of my son. I have made all major decisions regarding education and how he is raised. He has lived with me and been financially supported by me since his father has never paid child support nor have we gone to court to establish custody. We were never married or in any... View More

Pete David Louden
Pete David Louden
answered on Oct 20, 2021

If you have never been to court, there would not be any court documents stating that you have custody. However, since you were not married, you would be considered the custodial parent by statute. I published a Blog Article that explains custody of children born to parents who are not married.... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts
answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: If I have emergency custody of my son but I let his dad have him and he has had him for the last 5 years what can I do?

Do to get visitation? His dad won't allow me to see him and he never went to court to change the status of me having emergency custody. I do not want to take my son from where he is, its a lot to explain why I got emergency custody and then gave my son to his dad...He won't tell me where... View More

Charles Watts
Charles Watts
answered on Oct 11, 2021

I am sure there are logical reasons for your choices, however if you had emergency custody and then gave your son back to the father then you violated the court order as well as ignored the emergent situation that brought about the custody. This is not something you should attempt to handle on your... View More

3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... View More

Anna L Self
Anna L Self
answered on Oct 8, 2021

If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!

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2 Answers | Asked in Family Law for Oklahoma on
Q: Is there a form for an application for contempt for any violation of the automatic temporary injunction - thank you

This is a family law matter

Pete David Louden
Pete David Louden
answered on Oct 5, 2021

I am not aware of any forms, attorneys generally draft their own documents.

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1 Answer | Asked in Family Law for Oklahoma on
Q: Filing an application for contempt for any violation of the automatic temporary Injunction, is there a form - Thank you

This is a divorce where the bank accounts were emptied prior to the hearing.

Anna L Self
Anna L Self
answered on Oct 5, 2021

There are no forms for a violation of ATI. An attorney would draft a Application based on the facts of the case and every case is different.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: pro se what can be filed post judgment protective order if the victim keeps contacting them by Facebook?

Alleged victim filed a report In a different county making false allegations and misrepresentations of her protective order to an officer that caused defendant to be arrested and charged for violation of protection order. Eventually defendant proved there was no probable cause so prosecutor... View More

Anna L Self
Anna L Self
answered on Oct 5, 2021

I don't know any similar case examples. If there is new evidence that there was no victim, you can file a Motion to Vacate the Protective Order.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: If the custodial parent has died, do I still owe arrearges? And who do I owe them to?

After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... View More

Anna L Self
Anna L Self
answered on Oct 5, 2021

If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.

If the child is now an adult and...
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1 Answer | Asked in Family Law for Oklahoma on
Q: My baby daddy is not on the birth certificate and our twins r 16 months can he take them and not give them back

About five weeks ago he started finally coming into their lives coming and seeing them almost every Sunday but has missed them Sundays he wants to keep them Friday night through Sunday but can he take them and not get them back if his name is on the birth certificate

Anna L Self
Anna L Self
answered on Oct 4, 2021

If he is not on the birth certificate (your heading says he is not but your post says he is) he has no legal rights to them without a paternity action.

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: How can I continue the divorce when now he doesnt want to participate anymore? It was an agreement.

My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... View More

Anna L Self
Anna L Self
answered on Sep 30, 2021

It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Family law due process question and advise

I was just curious about the due process portion of a permanent guardianship case.

Can a permanent guardianship void/null since papers were never served & never even attempted to be served to the biological mother or father according to court record?

If so how do we go about... View More

Anna L Self
Anna L Self
answered on Sep 27, 2021

file a Motion to Vacate Guardianship order in the guardianship case and state you were never served notice of the hearing. You should look at the court file as the judges usually do not grant guardianship if there is no service on the necessary parties. The file will tell you if a document was... View More

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If I registered my boyfriend son in school and I cared for him for 3 months he only comes 2 days every week

Am wondering if he could take him away from me if he leaves for a week

Pete David Louden
Pete David Louden
answered on Sep 23, 2021

It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... View More

Charles Watts
Charles Watts
answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

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2 Answers | Asked in Family Law for Oklahoma on
Q: Received a petition for the appt. of guardian and I need to contest it as the father of the minor child in question

The mother of the child and I have an active divorce in process. However, my wife has practically absconded; she has several ongoing legal issues from a recent arrest and failure to pay a lease agreement. She has left our minor child in the care of the maternal grandmother without my consent or... View More

Anna L Self
Anna L Self
answered on Sep 13, 2021

You file an objection to the Petition for Guardianship. You should obtain counsel to assist in this matter as you case is not a simple divorce case.

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