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Oklahoma Child Custody Questions & Answers
2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: If a parent voluntarily gave up custody of their child to the grandparents, can they get child back

If a parent voluntarily gave up custody of their child and allowed the grandparents to adopt, can the child come live with them if they choose at age 12? Or come live with them again at all?

Charles Watts
Charles Watts answered on Jan 19, 2021

In a short answer, No and yes. You can no longer get the child back as your children because your rights have been terminated. If the child wants, and if the child's legal parents (your parents it appears) choose to let the child stay with you, that is their right as the parents, however, in... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can you file for abandonment against someone if they wrote a letter saying they abandoning their kids

My brother takes care of his kids full time. They were born out of wedlock and the mother has a history of mental illness. She has been like this for the past 2 years. She often states that God tells her to do things, says horrible things and has been in and out of hospitals. She just wrote him a... Read more »

Pete David Louden
Pete David Louden answered on Jan 11, 2021

He needs to hire an attorney to file a petition for custody. He should act fast before the situation changes.

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Is it illegal for a judge to deny you council during a divirce?

I was denied the right to find another lawyer for our divorce. Hard to explain in a summary. But my lawyer was Haha hehehe with my ex husband's attorney when u arrived for court my lawyer pulls me aside and quits and takes everything like police reports domestic violence pictures and so... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

If you mean does the court appoint an attorney for you like in a criminal case, no.

You would need to hire an attorney to represent you in a divorce case.

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Can CPS or family keep a child away without proof of a court order in Oklahoma?

CPS went to a young mom's house, saw she had a physical disability and claimed it would hinder her ability to pick up her newborn child and that she couldn't be alone with the child and told her to take the child to the sisters house (mom is in a wheelchair). That was a year ago and the... Read more »

Pete David Louden
Pete David Louden answered on Dec 19, 2020

Sounds like there are probably more details to this case than what has been included here. I think she should be prepared to explain why she didnt take legal action the very same day the child was removed instead of waiting a year.

Before she does anything she needs to have an attorney...
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2 Answers | Asked in Child Custody and Child Support for Oklahoma on
Q: The father is paying child support to my wife but trying to get her to pay him and take her son she is a stay at home

She is not unfit mother she cares for all 4 the dad is a truck driver sees his son by court order and he pays for child support he is 14,000 behind now taking her to court to get her to pay child support

Pete David Louden
Pete David Louden answered on Dec 19, 2020

Bottom line, she needs to hire an attorney to defend this case. I suggest she do so first thing Monday morning. Where many people go wrong is they wait too long to get an attorney and damage is done to the case that the attorney later may or may not be able to undo.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Say a 16 yr old girl has to visit her dads on the weekend. If she gets a job on the weekends will she be forced to quit?
Pete David Louden
Pete David Louden answered on Dec 18, 2020

If there is a court order for visitation then the child visits when the order says the child visits. If she wants a job it would need to be a job that does not schedule her during visitations. In the alternative, if the parents are both mature enough to coparent, they can talk and try to work... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Oklahoma on
Q: My 16 year old niece ran away from home (Oklahoma) Sox days ago to Kansas. What are the option to make her return home.

She lives with her mother, I just want to know what her mother’s options are at this point because law enforcement says since this girl is 16, actually has the mentality of a 12 year old there is nothing they can do to make her come home.

Pete David Louden
Pete David Louden answered on Dec 17, 2020

Unless you have a guardianship of the child it would be up to her parents to take action. I would say calling the police would be the best place to start. The parents should also consult with a family law attorney asap to explain the situation in full detail and that attorney can then explain any... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: He wont stop sending CS certified mail, its not on time and P.O. closes before I get off work, how do I just garnish?

I have asked several times for him to stop sending that way but he still does, the papers say the 1st of every month but I always get it between the 12th and 15th. Is there a way to garnish it without Child support enforcement?

Pete David Louden
Pete David Louden answered on Dec 14, 2020

Yes. You can hire a private attorney to help you get a wage assignment. Support would then be withheld from his check and sent to you directly.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Can cps stop me from signing sole custody of my children to my mother?
Pete David Louden
Pete David Louden answered on Dec 13, 2020

Yes.

1 Answer | Asked in Child Custody, Family Law, Communications Law and Juvenile Law for Oklahoma on
Q: i’m 16 and my mom always calls me a problem child. i’m drained trying to b perfect. we disagree on a lot and have a lot

before but i always think we’re past it and she’s very passive aggressive and harps on my relationship constantly and it’s really driving me away from her. i’ve been wanting to move out for a long time now but i’m not sure how to go about leaving. i have a place i can stay but no job yet... Read more »

Pete David Louden
Pete David Louden answered on Dec 12, 2020

Until you are 18 your mother makes the rules. You only get one mother so you should show her the ultimate level of respect.

1 Answer | Asked in Adoption, Child Custody, Civil Rights and Domestic Violence for Oklahoma on
Q: I live in Oklahoma and was indigent during my jury trial that was in juvenile court. My appellate attorney only provided

Me with my testimony at my second jury trial. Who do I go through to get the whole transcript for my first trial

Brian Boeheim
Brian Boeheim answered on Dec 9, 2020

The court appointed attorney should be able to get you a copy of the transcript.

2 Answers | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: How would I go about fighting dhs back. Should I get the hospital reports

Regarding the false accusations with dhs and myself

Pete David Louden
Pete David Louden answered on Dec 8, 2020

Hire an attorney before you do anything. Your attorney will tell you the best way to move forward and what information they will need to defend you.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Should I hire an attorney for dhs making false accusations?

Dhs took my son and said he and I both tested positive for fentanyl but come to find it it was the anestelogist that gave it when I had a emergency c section. But I have a previous dhs case that has been closed. Will it do me any good to find it.

Pete David Louden
Pete David Louden answered on Dec 8, 2020

Yes, no doubt about it you need an attorney.

1 Answer | Asked in Child Custody for Oklahoma on
Q: can my babys dad take my child away from me? hes not on birth cert. and he was 17 and i was 12 when got me pregnant

and he does provide for baby but does not get to see her offten because i have no control on when he can come see her im a minor and dont have my own place its all up to my guardian

Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

This is a much more complex question than can be answered in this format. The part of the answer is that he would have to file for paternity in order to invoke any parental rights. Considering the fact that he is guilty of a crime based on your age difference and the sexual nature of your... Read more »

1 Answer | Asked in Family Law, Child Custody and Gov & Administrative Law for Oklahoma on
Q: I need legal representation for a divorce I was never part and was kept away from my kids please

I would like to re evaluate the my court case only this time I have the right representation thank you

Pete David Louden
Pete David Louden answered on Nov 16, 2020

Where in Oklahoma is your case?

Has there already been a divorce decree filed? If so, when?

What is it you want to try to modify?

Any other details of your case you can think of would be helpful also.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Worried about mother of my child leaving me taking my daughter but she's the one with the mental illness

I'm the mom and dad most days I just wanna make sure I have at least joint custody and that her mom dont try to swoop in and take my daughter

Pete David Louden
Pete David Louden answered on Nov 12, 2020

If you were not married, Oklahoma law states the mother has custody of the child until the district court orders otherwise. It is critical that you get a petition filed in the district court to establish your rights. Hire an attorney asap to help you get this done.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Divorce to be finalized this month. We have joint custody.

My main question is this both kids are 12 years and older and have expressed verbally to me that they want to live with me. I am getting remarried and will be moving out of the state of Oklahoma next month.

Pete David Louden
Pete David Louden answered on Nov 10, 2020

The law states you must wait 6 months after the divorce is granted to remarry. Also, you would have to follow the provisions of the relocation statute that will be set forth in the decree in you want to move.

This sounds like a pro se divorce. I strongly suggest you consult in person...
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1 Answer | Asked in Child Custody for Oklahoma on
Q: If my ex sends me court papers, could it stop me from moving to another state....even though he’s in another state too?

.

Brian Boeheim
Brian Boeheim answered on Nov 1, 2020

There is a lot to unpack here. First, has a Paternity case been filed? If not, then he really doesn't have any rights at all. If, not he other hand, the court has determined paternity, then Oklahoma will have jurisdiction over custody and visitation. With that said, all you would need to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: How do I file a motion to stop relocation of my children?

My husband moved my children out of state with out judges permission an mine he made it seam like it was a visit but he has moved

Brian Boeheim
Brian Boeheim answered on Oct 23, 2020

You really need to hire an attorney for this type of action. It i a breach of the child custody order and would be considered contempt. There are certain hurdles a person must jump through if they move more than 75 miles or outside the agreed distance in the decree or paternity order.

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