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Oklahoma Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If I registered my boyfriend son in school and I cared for him for 3 months he only comes 2 days every week

Am wondering if he could take him away from me if he leaves for a week

Pete David Louden
Pete David Louden answered on Sep 23, 2021

It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

2 Answers | Asked in Family Law for Oklahoma on
Q: Received a petition for the appt. of guardian and I need to contest it as the father of the minor child in question

The mother of the child and I have an active divorce in process. However, my wife has practically absconded; she has several ongoing legal issues from a recent arrest and failure to pay a lease agreement. She has left our minor child in the care of the maternal grandmother without my consent or... Read more »

Anna L Self
Anna L Self answered on Sep 13, 2021

You file an objection to the Petition for Guardianship. You should obtain counsel to assist in this matter as you case is not a simple divorce case.

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Oklahoma on
Q: Okay I’m 17 and I’m wanting to date this 20 year old I’ve been talking to I want to know how I can get It legal

Okay he’s 20 And I’m in the dhs system but live with my grandma I want to know if there is anyway I can get consent from the person I’m staying with and a price of paper signed and legalized to state we are allowed to date and get rule and boundary so we don’t get into trouble we are not... Read more »

Pete David Louden
Pete David Louden answered on Sep 12, 2021

You would have to discuss this with your legal guardian.

2 Answers | Asked in Family Law for Oklahoma on
Q: I am a father trying to get joint custody/visitation of my 5 year old daughter. Her mother and I were not married.

What court forms do I need to file

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

I'm not aware of any forms, but a form would not help you anyway. If you are trying to get joint custody in a paternity case, you are going to need an attorney. There are many excellent attorneys in your part of the state. Contact a few and hire the one you feel comfortable working with on... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is a protective order case the right venue to file an indirect contempt of court?

When emergency protective order was made, the petitioner added special condition that once a week the defendant would receive a phone call from a restricted number to be able to speak with minor child. The petitioner has only called twice in a year.

Pete David Louden
Pete David Louden answered on Sep 7, 2021

I think your first step is to have an attorney review what you have. If there is no existing custody order, your next step should be to obtain an initial custody determination in the District Court. Then, that order can be enforced. Hire an attorney to help you get this done.

Best of luck.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do I have sole custody of my son since our paternity case was closed due to inactivity and we were never married?

We had a temporary order put into place for a 2-2-3 schedule. After that was put into place my sons father stopped doing anything with the courts and it was recently closed due to inactivity. On OSCN it says count 1 and party as my name where it shows the judge closed the case. He is the one who... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

You should consult with a family law attorney. Most will give a free consult and that may be all you need. However, it may require a little more than the consult in order to determine the relevant information in your case. There is a chance you have sole custody for now but that doesn’t mean it... Read more »

2 Answers | Asked in Wrongful Death and Family Law for Oklahoma on
Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

You will need to hire an attorney to investigate all these issues. Hospitals are usually very stringent on the POA because a general POA normally does not include medical issues. Consult with an attorney sooner than later.

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1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Oklahoma on
Q: Is a motion to hear new evidence how you get a judge to rule victim abused a protection order Okla Statute 22-60.9E ?

the victim made false allegations, omitted exculpatory evidence, and presented a materially altered protection order to a law enforcement officer to effect an arrest. The first chance Defendant talked to public defender he had him talk to the DA about the exculpatory evidence that negated their... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

Based on that, you need to hire an attorney and let them go through your case to determine exactly what has happened, and your best course of action to move forward.

1 Answer | Asked in Child Custody, Family Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Is there is remedy or justice available out there other than Legal Aid for people who have been screwed over

I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.

Anna L Self
Anna L Self answered on Sep 1, 2021

Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.

There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...
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1 Answer | Asked in Family Law for Oklahoma on
Q: Can I file a motion to reconsider from motion for enforcement was denied??

Since the day of denied hearing she has stopped following orders visitation being the important one

Pete David Louden
Pete David Louden answered on Aug 26, 2021

Did you try to represent yourself at the hearing or did you have an attorney?

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Judge transfers an emergency protective order to another county then sets a court date for a review is that an error?

At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order... Read more »

Anna L Self
Anna L Self answered on Aug 26, 2021

Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: I'm on SSDI and me and my girlfriend were wondering if I sign the birth certificate and I'm going to anyways

Do I have to pay for child support cuz we are together and we don't want to do anything with child support cuz she knows I will pay for anything that child needs and she needs

Anna L Self
Anna L Self answered on Aug 24, 2021

No, you don't have to pay child support if you are together. Your child can receive benefits if you are on SSDI.

2 Answers | Asked in Family Law for Oklahoma on
Q: I am 18. I live with friends and grandparents. My mom wont support me. I want to go to college. Can I emancipate?

I have a part time job and will get a full time job when I graduate. I want help with financial aid so I can better myself and go to college. What do I need to do to be emancipated

Anna L Self
Anna L Self answered on Aug 23, 2021

You don't need to emancipate if you are 18. Good luck with college!!

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1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I’m 17 I’ll be 18 in four months my mom always cusses me out and says I need to be responsible for my siblings.

She’s always drunk and doing dope I don’t want to be around that’s anymore she takes off and leaves us at a hotel we’ve been homeless for about four months. I don’t want to be with her anymore she’s always in my face and pushes me she say she don’t care what happens to me she took my... Read more »

Jessica Brown
Jessica Brown answered on Aug 20, 2021

First, that's a lot and this is probably really heavy on you.

I'm not sure exactly what you're asking for you and what you want to do. You have a bunch of different options, but they all come with different explanations and consequences.

If your goal is for you to...
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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: For a step parent to adopt the child do the step parent an biological parent have to be married?

Even tho the Step parent and biological parent has been together for almost 6 years

Anna L Self
Anna L Self answered on Aug 19, 2021

Yes, he/she is not a step parent unless you are married.

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: He can still get custody an visitation even tho he abandoned the child for 6 months?

Son's dad moved to Florida only met my son for ten minutes. Has no bond with him hasn't helped support him an now wants to be involved is that not child abandonment can his rights not be terminated?

Charles Watts
Charles Watts answered on Aug 19, 2021

Unless there is a court order stating otherwise then it is still his son and he has rights. As far as the second part of your question in terminating his rights - there are two ways to terminate a parents rights and both require the role to be filled by another. 1) is a step parent adoption, or 2)... Read more »

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2 Answers | Asked in Family Law and Social Security for Oklahoma on
Q: I am 18 years old and I want to change my last name to my birth dad's last name he died when I was seven what do I do

My grandpa who was his dad said I could and if need to we could do a DNA test with me and him but it's a complicated situation because my dad died when I was seven and I have no records of him except pictures when I was little and he signed in as my dad when I was born but never put on my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 18, 2021

I do not practice in Oklahoma, but your question appeared in my email today. Most attorneys will talk to you for free to see if they can help you. I recommend doing a google search for "oklahoma name change attorney". This will give you the contact info for several attorneys that... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: Can I move out of my toxic parents environment 3 months before turning 18?

The family willing to let me stay with them, would help me get my car back, get a job and help me with an apartment. And my biological family said I could leave.

Anna L Self
Anna L Self answered on Aug 17, 2021

You could file a petition for emancipation with the court.

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