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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I respond to a divorce and child custody petition if I don't agree without an attorney?

I can't afford an attorney. I live in Oklahoma. Do I write a letter to the petitioners (soon to be ex) attorney or just appear in court?

Brian Boeheim
Brian Boeheim answered on Nov 19, 2019

You have a duty to respond. Always show up to court. Without getting long winded, without an attorney, you will be taken advantage of by your spouses attorney. If you are in Tulsa, call us and we will see if we can help. 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Child Custody for Oklahoma on
Q: When an ex parte emergency custody order is made and given to the judge, does the opposing party get to give their side?

I'm asking if them and their lawyer get to go before the judge and plead their side the day the order is brought to the judge

Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

You must give the opposing party some notice (usually a couple of hours is the standard) prior to presenting the Judge with an Ex Parte emergency order. Even though I have shown up for my client in these situations, there is no statutory requirement that the Judge must listen to argument. There... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Where is the formal petition for termination of guardian?

Biological father wants to dissolve a guardianship

Doak Willis
Doak Willis answered on Nov 4, 2019

There is no formal petition to terminate a guardianship. A motion must be filed along with an order for hearing which must be served upon the guardian to terminate the guardianship. The reason and purpose that the guardianship was created for on the ward must be shown at that hearing as having been... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: 60/40 is the plan. He only typically has them every other weekend. I want to change the custody. He won’t agree.

He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »

Doak Willis
Doak Willis answered on Nov 4, 2019

You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Do still have to pay child support if I terminated my rights as an parent?
Doak Willis
Doak Willis answered on Nov 4, 2019

Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My kids are 15 13 and 11 there is a history of abuse with the step mom I owe 30000 back child support can I get cousty

The 13 year old hates the step mom and needs to be gotten out of the home before something bad happens

Brian Boeheim
Brian Boeheim answered on Oct 24, 2019

The back child support shouldn't have any impact. The issue really is whether there is a material change in circumstances. If the kids are having problems in school or struggling at home and they would be wiling to tell the judge that, then you have some grounds for a modification, but there are... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: I need a template to write this myself. Can someone help please .!!!!!
Brian Boeheim
Brian Boeheim answered on Oct 5, 2019

I am sorry, but I am not certain what type of template you are requesting? Over and over again, I see people who attempt to file petitions themselves and not only do they spend an enormous amount of time doing it, but the stress ends up being far more than anyone should have to deal with. Also,... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I have custody mom took them agreed to bring them back next day it has now been 4 years and haven't seen or heard from

them. From what I know they are still in Arkansas or oklahoma can I legally take them back. How do i legally get them back or atleast be in their life.

Brian Boeheim
Brian Boeheim answered on Sep 27, 2019

If you have custody, you can always file a writ of habeas or writ of assistance. There is a specific way to do that for out of State writs. With that said, there may be a challenge since it has been 4 years.

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: My sister in law was on drugs and dhs took the baby. Now my sister in law is clean, but her boyfriend isnt. She is

Clean 100% and she passed her tests. Also she is pregnant.. horrible situation turned worse. We want to help her and she is coming to live with us. Us being my husband and i, he is her brother.. She is due next month. Dhs wants to take this baby too... because her boyfriend is still on durgs. But... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 26, 2019

DHS is a funny agency in that it sometimes all depends not the case worker you have. There is a big difference between having your child removed based on a deprived action and having your parental rights terminated. If she is working a plan after a deprived adjudication or waiver, then it makes... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: In OK (Tulsa County), can I have all open Family Court cases, consolidated into one case, under one judge?

DHS is involved because I receive aid from the state to offset daycare costs

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

There are some actions you can consolidate if the parties to the action are the same, the claims arise substantially out of the same events/circumstances, and the statutes allow for it. You should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma for help.

1 Answer | Asked in Domestic Violence and Child Custody for Oklahoma on
Q: With no evidence of abuse and claiming to sit down in front of lawyers to redo a court order, can this article be used?

Plaintiff wants to sit down and talk to lawyers instead of going back to court but using this article to prevent pick up from defendant. Can it be legally used even with no evidence of abuse?

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

I'm not sure what article you're referring to or what Court Order is being "re-done" based upon the information you provided. It is hard to answer your question specifically with this info. However, I would always suggest that you never agree to anything, or sign anything without have a lawyer... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: Can I file kidnapping charges on my ex wife, if she takes my kids away somewhere, so that I cant have them on my days?
Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

If your wife takes the kids away and denies you your visitation, and you have a Court Order in place that memorializes your visitation schedule, you can apply to the Court to have her held in contempt of that Court Order. If she is found guilty of contempt, the Judge may impose fines that could... Read more »

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I write a motion to set aside I need to write a motion to set aside emergency temp custody

The temporary custody was only granted until I provided a negative drug testoh, I have three of them I just don't know how to get them to the judge

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

An emergency custody order should be set for hearing within ten days under OK law. I recommend hiring an attorney well-versed in family law in Oklahoma and appear at the hearing to provide evidence in support of your position.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My S/O is not allowed to see his daughter unless it meets the criteria of her mother. How can he get a custody arrangem

My S/O is listed on his daughter birth cert and signed an Acknoqldegment of paternity when she was born. he pays child support religiously, has her on his insurance and when he asks if he can see his daughter, her mother always says no, she has plans or makes conditions. We cannot afford a lawyer,... Read more »

Pete David Louden
Pete David Louden answered on Aug 8, 2019

You really need a lawyer. You might try legal aid or the OU legal clinic and see if they can help you.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Is it possible, without seeing a judge to live with my mom (who doesnt have custody) rather than my alcoholic dad.
Hans Otto Lehr
Hans Otto Lehr answered on Aug 6, 2019

It is possible if your Dad agrees to let you live with your Mom. However, if you Dad has custody and does not agree, your Mom is going to have seek a change of custody and that will require Court intervention. If your Mom is serious about doing that, she will need to seek the advise of a family... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: My 12 y/o step daughter type 1 diabetic. She stated numerous times her mother does not check her work. What can we do?

Her blood sugar bottoms out a lot, the sky rockets to the 3-400' s. We her dad and I have her on school breaks we keep it under control with diet. She was diagnosed in September 2015 and still don't have a lot of knowledge about it. She has told us that the her mother told her not to listen to the... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Aug 6, 2019

You may have a case for a custody modification. It sounds like the best interest of the child is going to be in your care and custody if her Mom is truly not making any efforts to control her diabetes. Also, any Judge would likely agree that it is dangerous to not listen to medical... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Custody case and appointed guardian case need a lawyer and I think I am not getting treated right and unfair in Cherokee

Its alot of different stuff even the judge is being unfair and I feel like my lawyer I paid is not doing anything these people got my kids and I have done everything my kids are not good there can someone please get ahold of me I really need help

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

I would encourage you to speak with your lawyer directly first. See if you and your lawyer can come to some understanding regarding expectations, whether those expectations are reasonable, and what it will take to meet or exceed those expectations. It is not always a good idea to change horses... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Domestic Violence for Oklahoma on
Q: Hello my name is Ashlie , I am in need of an attorney, how do I file harassment by other parent in my case

I am I a custody case with absentee father. He wants joint custody now he was going to be forced to pay child support. He never had asked for her snf or bought anything. He currently I'd threatening me, calling g all state agencies trying to hinder me in any way he can. What can I do?

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

What you need to do depends on the type and level of harassment and threats. They may rise to the level of needing an Order of Protection against him. If nothing else, the evidence of harassment and threats may be used in your custody case against him; it doesn't sound like joint custody is going... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on
Q: My fiancee has a 3 year old from a previous relationship and the father is not in his life at all and my fiancee has to

Pull teeth to get child support payments. Is there any way I can adopt him?

Melissa Oxford
Melissa Oxford answered on Jul 27, 2019

First, in Oklahoma a step-parent adoption requires you be married to the child’s parent for one (1) year. Second, you have to meet the qualifications set out in the law, mainly dealing with criminal history. Third, If the child is over twelve (12), they would have to consent. If these... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: i need help with getting full custody

Hi. My husbands daughter is 14. About two years ago, we went to court the first time to get full custody. We ended up settling in an agreement with her mother and getting joint custody. But now my stepdaughter is refusing to come home to our house, I think her mom may be brain washing her, she has... Read more »

Pete David Louden
Pete David Louden answered on Jul 26, 2019

You have the option of seeking a modification of the custody order if you believe the other parent is not acting in the best interest of the child.

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