Get free answers to your Family Law legal questions from lawyers in your area.
I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More 
answered on Mar 17, 2025
Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More
The Fairview Police Department was called for a disturbance within city limits, the sheriff’s office was never dispatched or notified for assistance, yet they interjected themselves anyways. They refused to identify themselves while body cams were being used and only once a third party recorded,... View More
answered on Mar 13, 2025
I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More
I am involved in a guardianship case for my mother, who is currently in a nursing home. My nephew, who has no legal stake in the matter, has established residence at her home. Recently, he has made serious threats, including threatening my niece and me, even pulling a knife on me while under the... View More
answered on Feb 22, 2025
It sounds like you need to file a VPO. Most likely you will not be able to get an exit order because it sounds as if he has stayed at your mothers house for a period of time. The rightful owner, your mother, will have to evict him from the home. You need to contact an attorney to help you with... View More
My father-in-law has threatened to take me to court for visitation rights with my children after my wife passed away. We were initially living with him, but after a tornado destroyed our house, he said he couldn’t help with the kids, so we moved into my mom's trailer. We are in Oklahoma.... View More
answered on Feb 22, 2025
In Oklahoma, 'grandparent' rights are very limited when it goes against the rights of a legal parent. Therefore, this is most likely more of a threat than it would be an actual court action, however, as in all threats of court action, you have to take these issues seriously and you should... View More
I'm currently going through a divorce, and there is no custody agreement in place. My mother is assisting my husband in keeping my two children, ages two and one, away from me. I'm concerned about their well-being while in his care. I attempted to seek legal aid but was denied without... View More
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answered on Feb 17, 2025
The answer will depend on the circumstances. If there is no court order, you will need to go to court and have a hearing to establish a custody and schedule for parenting time. The Automatic Temporary Injunction that goes into effect when a divorce petition is filed and served prohibits a parent... View More
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent
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answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More
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answered on Dec 25, 2024
If there is an open guardianship, you will need legal counsel to help you file a motion for visitation. You will need to be able to demonstrate that you are the parent. If you are the alleged father, you may have to undergo genetic testing. You will also need to be able to show that it is in the... View More
I am wondering if it is legally possible to sue after the 3 year limitation if i provided enough proof
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answered on Dec 25, 2024
Limitations on claims are governed by statute and are usually so fact-sensitive that you need to speak to an individual lawyer as soon as you can to determine whether you may bring a claim. With that said, Okla. Stat. tit. 12 § 95 places a one year limit on civil claims for assault & battery.... View More
I am wondering if it is legally possible to sue after the 3 year limitation if i provided enough proof
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answered on Dec 25, 2024
Most civil claims have an applicable statute of limitations that defines the window, or time period, when you may bring a claim. Generally, a civil claim for assault or battery must be brought within 1 year of the event. You should speak privately with a lawyer if you wish to assess your specific... View More
Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.
answered on Oct 7, 2024
So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More
My ex is retired military. DFAS will not enforce because of the 10/10 rule. We we married for 6 years opposed to 10 years. When our son graduated high school 2022 he stopped payments and evades attempts to contact. I also do not think he was paying half before. I have no way to verify this.
answered on Jun 26, 2024
You need to hire a Texas attorney in or near the county where your divorce decree was entered to enforce the property division set forth in the Decree. If your spouse was ordered to pay monthly, was paying monthly, then stopped, you have two years from the date of the first missed payment to file... View More
Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More
answered on Jun 24, 2024
Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More
I've been paying the taxes on it for years
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answered on Jun 22, 2024
To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:
1. File a petition for probate in the county where your father resided or where the property is located.
2.... View More
It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?
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answered on May 31, 2024
Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not... View More
It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?
answered on May 31, 2024
Normally, any transaction involving real property needs to be in writing. If there is anything, even in a letter, to indicate that this was your father’s desire for you to ultimately become owner of the property, it would help your case. If it passed completely to your stepmother, the she would... View More
Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More
answered on May 5, 2024
Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More
I had my rights terminated when my daughter was 3 now she's 15 almost 16 and is having issues in the home with her adopted parents and I was wondering if there's anything I can do get my rights back?
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answered on Feb 25, 2024
In Oklahoma, once parental rights have been terminated, the decision is generally considered final and irreversible. This means that the legal relationship between a parent and a child is permanently severed, making it extremely challenging to regain parental rights after termination. However, each... View More
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
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answered on Feb 4, 2024
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
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answered on Feb 4, 2024
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
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answered on Feb 2, 2024
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
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