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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: My fiancé has a child with his ex she will not allow him to see the child or have visitation because of me

His ex will not allow visitation of their son due to her not liking me or the child he and I had together he hasn’t paid child support because of a job situation so she is now adding that to a the reason he can’t see their son they have done a paternity testing and proved he is the father. They... Read more »

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

He needs to hire an attorney to help him get a custody, support, and visitation order from the District Court.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
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2 Answers | Asked in Child Custody for Oklahoma on
Q: Is it legal for me to deny father his visitation based on things the children have told me and being threatened by him?

Sexual behavior and random girls brought in and children made to be alone in the living room while dad and girls go in the bedroom. Once a girl came over who had kids and they stayed the night and my ex forced my youngest to sleep in the floor and give up his bed. He only gets the kids every other... Read more »

Pete David Louden
Pete David Louden answered on Apr 30, 2021

No attorney is going to tell you to violate a court order in a question and answer format such as this.

My suggestion is consult in private with attorney to discuss if modification of your order is an option. Don't make any legal decisions until you have gotten specific advice from an...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Is it legal to place a tracking/recording device in my wifes vehicle if i own the vehicle?

In the process of getting a divorce and my wife has been doing things against court orders, while in possession of our children, that i see as being potentially harmful to there wellbeing. I cant legally protect them without evidence and this is the only way i can see to obtain any. Thank you for... Read more »

Pete David Louden
Pete David Louden answered on Apr 28, 2021

My opinion would be no. You will probably get a whole lot further if you hire an attorney and let them guide you on what type of evidence will be admissable in court and most helpful.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: what does this mean in my custody case? i was supposed to have a new court date but they posted this instead.

REQUEST FOR TEMPORARY ORDER HEARING IS DENIED. THERE IS A CHILD OF THE MARRIAGE (X2) SEE ALSO: FD-20-469. BOTH CHILDREN WERE BORN DURING THE MARRIAGE OF FD-20-469; MUST FOLLOW UPA.

Pete David Louden
Pete David Louden answered on Apr 21, 2021

Without seeing the pleadings or knowing any of the details of your case I can only guess. It sounds like maybe a Petition for Divorce and Application for Temporary Order was filed that failed to disclose there were children of the marriage. I am also going to guess that this sounds like a pro se... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: Do I have to go to Oklahoma to get my child legitimized when he was born in Georgia and his mother moved out of state.

He was born in Georgia and moved 2 years ago. I’m not on child support yet either.

Pete David Louden
Pete David Louden answered on Apr 9, 2021

You would file the case in the state and county where the child currently lives. Hire an attorney and they can get this done for you.

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: can i lose my parental rights if i sign perimission to another family member to have partial parental rights?

my daughter lives with my cousin in another town because she is going to school there. They want to get her teeth fixed but in order for them to get her on their military insurance, she has to be part of their family so they want me to sign some kind of temporary parental control or something like... Read more »

Pete David Louden
Pete David Louden answered on Apr 1, 2021

Parental rights in Oklahoma are only terminated in connection with an adoption or for abuse/neglect in a deprived child action. If there is a guardianship where someone else has control of your kids that does not terminate your rights, but it can give that person the right to have possession of... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Could or should I call the police if my ex decides she is going to keep our kids on my court mandated day?

Follow up to a previous question, thanks.

Pete David Louden
Pete David Louden answered on Apr 1, 2021

Calling police won't help as this is a civil matter. The court enforces visitation orders, not the police.

If she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you...
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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex-wife is threatening to keep the kids on my day that is outlined in the court paperwork. What are my options?

She made plans on my day and has told the kids she is going to keep them whether I agree to allow her to or not. Could I call the police?

Pete David Louden
Pete David Louden answered on Apr 1, 2021

If you have a court order for visitation and she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you could agree to a make up visitation day on one of her scheduled days. If it is... Read more »

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1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: In an abusive marriage and trying to leave. How can I limit or remove visitation in the divorce settlement.

I'm a stay at home mom and I'm trying to get into school. We have a toddler. Things are becoming untenable and I know we need to leave. How do I make sure I can keep my little safe when it comes to custody and visitation.

Jessica Brown
Jessica Brown answered on Mar 30, 2021

I’m sorry to hear about your situation. That can be a lot and you should really speak to an attorney about these logistics.

In Oklahoma, if you prove there is domestic violence, the abuser is not supposed to have unsupervised visitation with the children unless the abuser overcomes the...
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1 Answer | Asked in Child Custody for Oklahoma on
Q: My daughter is 16 and lives with her dad in Oklahoma. I live in Kansas where custody was filed.

She has been to a youth shelter twice in six months because he is mentally abusive. Can I file for emergency custody and which state do I file in? She wants to move back with me, hes only had custody for a year.

Jessica Brown
Jessica Brown answered on Mar 22, 2021

From what you've described, it sounds like the "home state" of your child is Oklahoma, so you could likely file in Oklahoma. I do not know or practice Kansas law, so you should contact a Kansas-licensed attorney to explore options of filing in the place where your current custody... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Can I terminate my son's father's rights and adopt him myself?

My son's father has been convicted on several counts of rape 2, forcible oral sodomy, and manufacturing child pornography. My son is 14 and no longer want's contact with his father. However everything I have read states I have to have a husband to do a step-parent adoption. Is there... Read more »

Charles Watts
Charles Watts answered on Mar 20, 2021

There has to be someone to take the place of the parent being terminated. The only way to terminate rights is through an adoption or when DHS takes over to terminate. So in short, until you have been married for a year and have a step-parent adoption he stays on the books as father.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: We had a hearing for our Ex Parte Custody Order & the Defendant didn't show, the Judge extended it Whats our next step

We don't know if we need to petition something again or have him served with the new court orders?

Charles Watts
Charles Watts answered on Mar 20, 2021

If the judge extended it then your next step is go to the next hearing date. Not knowing any of your specifics makes it challenging to answer otherwise. As Gary mentioned week a family law attorney for better guidance.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: How can I go about getting child custody when my child was taken out of state without a yes from an attorney?

When my child was 1, the mother of my child left the state without consulting an attorney and I haven’t been able to see my child in almost 4 years. We have had shared custody since my child was born. She is posting online about being under the influence, selling illegal drugs and blatantly... Read more »

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

Your post raises a few questions and if you can provide some additional information I will try to point you in the right direction.

You say you have shared custody. Is there an actual custody/visitation order from the court? If so, what court?

Where does the child live now and how...
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1 Answer | Asked in Child Custody, Family Law and Tax Law for Oklahoma on
Q: My son turned 18 in August . And I want to know if that nullified the child custody plan?

In the Child custody plan my ex is entitled to claim our “minor” child on his taxes, with the proper form. Is this still in affect, now that he is no longer a minor?

Pete David Louden
Pete David Louden answered on Mar 2, 2021

It depends on if the child still in high school and the language of your court order. Have an attorney review your order and the facts of this matter for a reliable answer.

2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Pete David Louden
Pete David Louden answered on Feb 25, 2021

Family law cases are not as simple as filing out forms. Preparing the proper documents in only part of the equation. It is also critical to follow the appropriate procedure, local court rules, and fully understand the rules of evidence so any evidence can be properly presented and considered by... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: What motion do I file when I am denied cross examination of a states witness by a judge or court in oklahoma?

A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit

Pete David Louden
Pete David Louden answered on Feb 19, 2021

This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?

1 Answer | Asked in Child Custody for Oklahoma on
Q: My daughter passed ,no will, father passed 8 yrs proir need custody of 15 and 16 yr old. Need in her accounts as well
Pete David Louden
Pete David Louden answered on Feb 16, 2021

Consult with a probate attorney concerning the estate. You would need to file a guardianship for the children. You may be able to find one attorney that can help with both. Best of luck with this matter.

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What steps should we take after we've /somewhat/ agreed on a custody arrangement

We were never married and very recently split. We've decided on 50/50 and are wanting to do something like 3 days-4 days until he finds work, which we would like to switch to his days off he gets our daughter.

Charles Watts
Charles Watts answered on Feb 9, 2021

Both Pete and Brian are giving you sound advice. A Petition to Establish Paternity, Custody and Child Support is the smartest safest way to protect all parties. You are getting along now, but if you look in the courts you see millions of people that were getting along at one point that are no... Read more »

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