Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More
In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions...View More
The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More
In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children....View More
Papers for child support and a hearing to review my case how is there a case if my ex doesn't get benefits from DHS and hasn't contact them or dealt with them in many years so how can I find out my rights
It's possible that the Department of Human Services (DHS) in Oklahoma initiated the child support proceedings on behalf of your child, regardless of whether your ex has signed any papers or receives benefits from DHS. In Oklahoma, DHS has the authority to enforce child support orders and take...View More
my son is special need kid amd there is a program in NESU that is called River Hawks scholar program that my son wants to go to but he is not accepted with full guardianship, but could be accepted with limited guardianship
To write a motion to change guardianship from full to limited for college purposes in Oklahoma, you need to follow a specific legal process. Start by drafting a motion document, which is a formal request to the court. In this document, clearly state your current status as a full guardian and...View More
He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More
The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may...View More
If someone is a victim of bigamy and the individual involved is a member of two tribes, the victim should report the incident to the appropriate tribal authorities. Bigamy involves being married to two or more people simultaneously, and it is considered a legal and ethical violation. In this case,...View More
Some attorneys like more information, some even like last 4 of account number, to eliminate questions. Other attorneys prefer less and would just say 50% of the retirement accounts to go to the other person to allow some flexibility. No set rule - both have pros/cons...View More
Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ?
In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the...View More
To dissolve a domestic partnership signed in Texas while you're residing in Oklahoma, you should first review the specific terms of the domestic partnership agreement. It's important to understand the clauses that dictate the dissolution process.
we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More
In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying...View More
Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted...View More
Yes, you will be considered legally married in Oklahoma even if you never turned in your marriage license. The marriage license is a record of your marriage, but it is not required for the marriage to be valid. However, it is important to turn in your marriage license as soon as possible after you...View More
If your mother left the house to your son in her will or trust, he would become the legal owner upon the appropriate legal proceedings confirming the transfer. However, given that you've resided in the house for 22 years, you might have certain rights or claims. These could be based on...View More
In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those...View More
The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.
I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More
In Oklahoma, if a child who is under the care of a foster family is involved in an auto accident, the parent who still retains parental rights may have the legal right to obtain the accident report. Typically, parents have the right to access information related to their child's well-being and...View More
If he has custody and the other parent is withholding the child, he needs to quickly take legal action to enforce the court order. The court can only help him if he is takes the proper steps to bring this matter to court.
If your friend's baby mama is not complying with the custody order, your friend may need to take legal action to enforce the order and ensure he can spend time with his child as outlined in the court-approved arrangement. This might involve going back to court and seeking enforcement of the...View More
I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and... View More
If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly....View More
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