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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: Can I move in with one of my family members if I am the age of 16?

I am 16 and havent lived with my parents for almost two years but they have complete control over me and they dont want me to have a social life and my step mom doesnt like me but my cousin wants me to live with them and like I really want to but im scared of my parents and dont know what to do!!!

Pete David Louden
Pete David Louden answered on Nov 23, 2020

You would need to ask your parents for permission.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Is adopted child responsible for bio parent at death?

My sister and I were contacted by my bio dad's brother stating he died and we are next of kin. We have not seen him since we were 3 & 5yo (40 years ago). We were adopted 27 years ago by a man we have always considered our father. The last 8mo or so my bio dad has tried to make contact with... Read more »

Charles Watts
Charles Watts answered on Nov 22, 2020

In short, the answer is no. There are always extenuating factors that can be involved, but that would require you sitting down with a family law attorney and working through all the details. An adopted child can receive inheritance from the biological parents as well as the adoptive parents, so... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: False allegation of abuse

Can you get your child back after there is a false accusation of abuse to your child by your fiance

Pete David Louden
Pete David Louden answered on Nov 18, 2020

Whoever is accused of abusing a child needs to hire an attorney right now and not make any statements to anyone without an attorney. Where many people go wrong is they wait too long to get help and end up with a mess an attorney may or may not be able to clean up. Get help now.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I am trying to find the form to send out to compel the income and tax documents under OS Title 43 Section 118.3
Pete David Louden
Pete David Louden answered on Nov 17, 2020

I am not aware of any form. Attorneys typically draft their own documents.

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 for Oklahoma on
Q: Can a parent take the earnings of their children?

A 17 yo, almost 18, child we know works a full time job. His parents take nearly all, if not all, of his take home pay. This is also true for his sister. The business is not owned by the parents yet they also have the kids work just about every one of their days off in order to have the extra. I... Read more »

Pete David Louden
Pete David Louden answered on Nov 13, 2020

If a person is a child, under 18, then whatever they do is under the control of the parents.

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 Family Law for Oklahoma on
Q: if a 16 year old has a job and pays for phone and car and has bought both can parents govern when they can use or take.
Pete David Louden
Pete David Louden answered on Nov 11, 2020

Yes. The short answer is parents make the rules and children follow the rules.

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...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Family Law for Oklahoma on
Q: Can you appeal a decision by a judge for a cancellation of adult guardianship?

The judge didn’t get to see specific details like the letter from the psychiatrist.

Charles William Michaels
Charles William Michaels answered on Nov 4, 2020

First, I am not an Oklahoma lawyer. That being said, I don't see why not--as long as your notice of appeal is within the time frame of the OK rules and it is from a final judgment.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Oklahoma on
Q: Oklahoma supreme court filing deadlines?

When filing a writ of cert to the Oklahoma Supreme Court for a civil case, how does the filing deadline work? If you have 20 days to file from the date of the appelate courts opinion, do weekends count. What if the deadline day is on a Sunday? Was the petition due on the previous Friday or Monday?... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 27, 2020

First, I am not an Oklahoma lawyer. That being said, generally the weekend days DO count if the time period is less than 10 days. So if you have say, 20 days, to get a petition in, those are calendar days. BUT if the last day of the time period falls on a weekend day (or federal holiday) then the... 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.

1 Answer | Asked in Family Law for Oklahoma on
Q: When married, if property is purchased by one spouse then sold, is the other spouse entitled to share in profit?
Charles Watts
Charles Watts answered on Oct 19, 2020

Assuming that the property is purchased during the marriage then this is marital property and thus any sale of such property would be martial property as well. To be more specific contact a family law attorney as there are more than likely other facts that can sway how this question is actually... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: I need an attorney for court next month bc my sister is trying to adopt my daughter

I let my daughter stay with my sister a few years back bc my life was a chaotic mess . Dhs was involved w my other kid & my sister told me that the worker said I wasn’t allowed to see her. Then she went and got guardianship. I never received any notice of court bc she sent it to an address... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

There are specific notices that have to be given and if they sent it to your last known address then they most likely have met that obstacle (they are not responsible for keeping track of every place a person lives but the last known address, because in some cases, those people are bouncing around... Read more »

2 Answers | Asked in Family Law for Oklahoma on
Q: Can a judge dismiss a document after it has been sign and filed?

My husband is in the middle of a custody battle over his daughter. The mother of the child signed a document giving up her rights on her own accord in front of a notary. It was then filed with the court. At a pretrial hearing the judge dismissed it and helped her get a lawyer. Is this legal or did... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

The document is an unenforceable document therefore the judge disregarding that is correct. In Oklahoma, there are 2 ways of giving up parental rights; 1) During a legal adoption proceeding where the parents voluntarily (or involuntarily in some cases) consent and give up their rights, or 2) DHS... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My sons father likes to tell people hes there for my 10 month old son and hes not.

Im trying to see what the odds are of getting soul custody of my son. Hes 10 months old and his father is bad into drugs and lives in his car because his ex kicked him out. He does have a job at a gas station but has only helped me twice since my son has been born with diapers. He never sees my son... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Not sure what your legal situation is at the moment, so it makes it hard to answer your question. There are two types of custody: Legal and Physical Custody. Legal Custody is about making decisions for the child. Examples would be where to go to school, church, medical treatment, etc. Physical... Read more »

1 Answer | Asked in Education Law and Family Law for Oklahoma on
Q: Father does not want to send daughter to school because of mask mandate. Separated but no legal action taken yet.

My still husband just found out that there is a mask mandate at our daughters school. He now refuses to send her to school for religious reasons ("do not fear") and wants her to be home schooled by him. I want her to go to school! I am working 40 hrs/week and can not homeschool her. Since... Read more »

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

Bottom line: if you cant come to an agreement and you feel strongly enough about going to school you will need to do whatever it takes to hire an attorney so you can seek a court order directing that the child attend school. I wish you the vest of luck with your case.

1 Answer | Asked in Family Law for Oklahoma on
Q: In the case of a separation, can a 16 year old choose to stay with her stepmother instead of moving out with her dad.

My daughter and her husband are separating. My SIL has a 16 year old daughter from a previous marriage. She has made comments that she doesn't want to leave and wants to stay with my daughter. Is she allowed to make that decision.

Pete David Louden
Pete David Louden answered on Oct 9, 2020

This is going to depend on what the parents want to happen.

A few general rules are:

1) Children don't make decisions.

2) A step parent would have no legal rights to the child unless both biological parents agreed for her to stay here.

3) The biological...
Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How much ia that? I just recently lost my job do I have no money
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

seems like you are requesting an price estimate? Without more information, it is impossible to answer your question. Sorry.

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