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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: Due to the covid-19 I have had to forgo my weekend visits with my two children. My ex is denying video chat.

But, not phone calls because that is in our divorce decree. He will not allow me video chats with our kids during a pandemic. Can he do that? There is no provision's regarding video calls however, doesn't that violate my civil rights as a parent?

Jeffrey Lampert
Jeffrey Lampert answered on Mar 25, 2020

So much depends on the Final Judgment ending the marriage. Did it make a provision to allow video? Did it incorporate a Marital Settlement Agreement that contained a provision to allow video? If not, as much as it might be detestable the refusal is not in contradiction to court order.

1 Answer | Asked in Family Law for Oklahoma on
Q: My father past 3 years ago. My truck is still in his name. How do I transfer the title to my name?
Matt Fleischer
Matt Fleischer answered on Mar 20, 2020

First, I'm sorry for your loss.

Second, if your father had a will and left the vehicle to you, you can probably transfer title to your name by using the following affidavit: https://www.ok.gov/tax/documents/405.pdf

If your father did not have a will and no one else has a prior...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: My sons ex won't allow any communication and visits from him. She is in Oklahoma he in Arkansas anyone pro Bono please.

My sons mom is remarried and wants her husband to adopt her so she is keeping her away from him not only because she has to be in control always but because she has always gotten mad at my son and myself or her own mom and as a form to punish us she keeps my grandbaby hostage and uses her as a tool... Read more »

Pete David Louden
Pete David Louden answered on Mar 15, 2020

This sounds like a very high conflict case. He needs an attorney with specific experience in high conflict cases. The best attorneys for a case like this are in high demand.

You are right that he needs to act very quickly. The court will likely question why this has go on for nine months...
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1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Oklahoma on
Q: My 16 year old son wants visitation with me and I'm not legally his father, only biological and the mother says no

I have a 16 year old son that has a different man on his birth certificate. I know he is mine but not on paper. I am regular in his life and help support him with things he needs. His mother won't let me see him all of a sudden but he wants to see me. What can we do? Can he just leave home and be... Read more »

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

I think your best bet is going to be to get the child's mother to agree to visitation. There is a very limited time window to challenge paternity, typically no more than two years. You can meet with an attorney for a consultation to discuss the specific facts of your case.

1 Answer | Asked in Family Law for Oklahoma on
Q: Father has Asburgers&abandoned us a month ago(our 15month old&me@7months preg with his son) Can I Terminate his rights

Hes been gone a month&shown no interest in coming see her but I made him visit 2x for a few hours. He is mentally unstable, quit his job of 5years&moved in w/his wheelchair bound grandma 2hours away. He has neglected our daughter before, every time I have left her in his care. Recently she got a... Read more »

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

There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights in a deprived child case.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can my roommates ex wife order me to take a drug test?

My friend is wanting to move in with me but his malicious ex wife says if he does, she can court order me to take a drug test and it would hurt my friend in the courts eyes with his child if I fail.

Brian Boeheim
Brian Boeheim answered on Mar 12, 2020

In a way, yes. Anyone who is potentially in a supervisory role of the minor children in question can be vetted. This means that if the children would be under your care, it is within the Courts power to request a drug test before you take on that role. With that said, I believe almost any judge... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: I chose to stay with the wrong parent, what do i do? im 17 years old and made this decision at 15. my household is toxic

my parents went to court for me and my little sister. unfortunately i chose to stay with my dad for the wrong reasons and he doesnt take my mental health as seriously as my mom and continues to put me in the middle & treats me like im a burden. my dad only wants me to stay so he doesnt have to pay... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 12, 2020

First, at 18 years of age you are no longer under the order of the Court, so you can live where you want. If you can't wait, then have your mother's attorney ask for a guardian-at-litem to be appointed to advise the court as to what is in your best interest. If you are in Tulsa County you can... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: My parental rights were terminated and my sister adopted my daughter. My daughter is 12 and wants to come home.

I need legal help, I need my daughter home.

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

If your parental rights were terminated and the child was adopted, you would no longer have any rights to the child. Meet with an attorney to review your case in detail and they will then be able to explain any options you may have at this point.

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Oklahoma on
Q: Can a judge court order a couple not to see each other when they are engaged.

She is on drug court and im a convicted felon

Pete David Louden
Pete David Louden answered on Mar 5, 2020

Yes.

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1 Answer | Asked in Family Law for Oklahoma on
Q: My husband just found out from a letter that he Fathered a daughter 7 years ago.

It was a one night stand and he was not told about the child. If paternity proves he is the Dad is he liable to pay child support arrears? Or only need to pay from this point forward?

Pete David Louden
Pete David Louden answered on Mar 4, 2020

He could be liable for up to two years back support. It used to be five years but the law changed limiting it to only two years. He needs to hire an attorney asap to make sure he does not get stuck paying more than the law requires.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: What to do when guardian abandons child, leaving child in unstable environments
Brian Boeheim
Brian Boeheim answered on Feb 29, 2020

File a motion for an emergency modification of the guardianship. If this is in Tulsa or the surrounding counties, and you need help with this please feel free to give us a call. 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Family Law for Oklahoma on
Q: Fixing to file for divorce and would it be possible make to where wife can't not live or have a man around my children
Kyle Persaud
Kyle Persaud answered on Feb 26, 2020

In many divorce decrees, there is a clause that says that neither party may have an overnight guest, or be an overnight guest, of someone of the opposite sex while that person has physical custody of the children.

When you get divorced, you may ask the judge if this clause can be in your...
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1 Answer | Asked in Family Law for Oklahoma on
Q: Is the acknowledgment of paternity form for someone over 18 the same as for a minor?
Kyle Persaud
Kyle Persaud answered on Feb 26, 2020

Yes.

See the statute here:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=446624

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Oklahoma on
Q: Can I move out at 17?

I live in Oklahoma. My parents want to move me back to Texas. I do not want to go and i have a friend I can stay with. Her mom is even okay with it. Is there a way I can stay with her?

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

If your parents agree to allow you to do so.

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I'm 16 and pregnant can I legally move out of my parents house and into my 18 year boyfriend's house without permission

I am 16 and pregnant I want to move into my 18 year old boyfriends house because I feel like I'd be safer there and be safer for the baby can I legally move into his house without my parents consent though

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

No.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t... Read more »

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

No. There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

If you ever get married again and your husband wants to adopt the child the child may be eligible for...
Read more »

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can legal action be taken if an injunction is violated by the filer? Can they be violated?

The spouse that filed for divorce separated the auto insurances on all vehicles, and had the rental lease changed to omit the other spouse.

In addition, a motorcycle was given to the non-filing spouse when their father died. The motorcycle is registered under both parties for tagging... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 12, 2020

Neither party is allowed to sell, transfer, destroy, or allow to devalue items that could be considered marital property. The short answer is to have your attorney file a motion to compel the other party to cease these activities and return the the insurance and motorcycle to the way it was before... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: My children are in foster care. Im considering going into inpatient rehab but im not sure how dhs/courts will treat me??

Im scared to admit my drug use but i want my kids to come home to a healthy one. I dont think inpatient will help my case at all but i hear that if i go inpatient my kids will come live with me after a few weeks. How does that work and can dhs hold it against me if i seek treatment? clean drug... Read more »

Pete David Louden
Pete David Louden answered on Jan 24, 2020

Drug use and new criminal charges will for sure have a big direct impact on your situation with DHS. You have too much going on here to solve over the internet in this forum. You are going to need to hire an attorney to help you sort this out. You should be able to find one attorney that can... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Hello. I am wondering if we the petitioner can request a public notice to be placed regarding a court date.

The respondent does have an attorney but we didn't want to get to the court hearing day of and the respondents attorney ask for another continuance because she can't locate her client. We have guardianship of our two nieces for 21 months and filed for adoption in September. Court date for adoption... Read more »

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

You would have to give the attorney notice of the hearing. It is very easy to mess up an adoption, so much so that most attorneys will not even attempt an adoption case. You really should have an attorney that really knows adoptions to help you and they will be able to deal with notice issues.

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