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Oklahoma Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My stepdaughter wants to live with her dad and I. She is 14 and will be 15 in October. Is there any hope in getting her?

Her step dad is emotionally abusive to her. There are 6 children in the home two of them are my husbands children. His son wants to stay with his mother but daughter has been asking to live with us since age 5.

Pete David Louden
Pete David Louden answered on Jun 25, 2020

If there actually is abuse in the home AND it can be proven, yes. You will need to hire an attorney to file a motion to modify.

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1 Answer | Asked in Contracts, Family Law and Divorce for Oklahoma on
Q: My husband and I did not receive premarital counseling before we married on May 10, 2023. Do we have a valid contract??

My fully paid for home in Moore was destroyed by a tornado 10 days after we married. The proceeds from that ($250,000) were invested in the husband’s property. Can I get any of that property back?

Brian Boeheim
Brian Boeheim answered on Jun 24, 2020

The first question is a hypothetical, which I can't answer since I don't know what the law will in May of 2023. The second question is that if the original home that was destroyed had your name on the deed, or was by financial equity of some kind marital property then you have a pretty... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Is there a way I can get adopted by someone or emancipated withkut my oarents permission?
Pete David Louden
Pete David Louden answered on Jun 22, 2020

No, you can't be adopted without parent's consent unless parental rights are terminated.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My parents got permeant Guardianship of my kids. It's been 2 yrs now. Is there any chance of getting full custody of my

I completed my ISP. When I was court order to do so. My step mother works for dhs. I feel like she influenced the out come over that court case with other co-workers who was handling my case

Brian Boeheim
Brian Boeheim answered on Jun 16, 2020

I am sorry, but I would need more information on your case to be able to effectively answer your question. If you had an ISP then it would lend itself to the Courts desire to reunify, but as I said, I would need more information. Please feel free to call and set up a free consult on the matter.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: If an ex wife is selling a home that is only in the husbands name can he stop the sale and keep the house?

The ex wife is wanting to sell the house which was bought during the marriage yet only in the husband’s name not hers. In the divorce decree the ex wife was ordered to keep payments up but not to refinance out of her ex husbands name. She wants to sell but the husband wants his house back instead... Read more »

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

You are going to need an attorney to review your decree and then they will be able to explain your options.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Our grandson is 14 his parents are divorced he wants to live with us his mother says that we aren't going to raise him

What do we have to do to make it where he can stay with us we live in Oklahoma

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

You would need the consent of both parents or be able to prove both parents are unfit which is a very high legal standard.

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1 Answer | Asked in Family Law for Oklahoma on
Q: They are not letting me sign my child's birth certificate and I was present during birth they say because of coronaviru

Norman regional hospital

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

You can sign an acknowledgment of paternity if you choose to do so. Your other option is to request genetic testing.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can I get an annulment instead of a divorce? The other party and I have been separated since he got arrested on 8/3/2017

He was arrested for beating me up in a Walmart parking lot while he was already on a deferred sentence. I basically married him because I felt like I had to. There were all kinds of abuse, physical injuries, psychological issues resulting from the relationship, intimidation, I lost basically... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

Why an annulment instead of a divorce? This is something you should discuss with your divorce attorney when you have your consultation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Should the stimulus be split between parents with 50/50 custody?

My divorce finalized in February 2020. We filed our 2019 taxes separately and my ex claimed our son. I will be able to claim him in 2020. We have 50/50 custody and split all expenses evenly. We do not have child support either direction. Because my ex claimed him in 2019, the stimulus money for our... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

I wonder what your divorce decree and child custody and support orders say as the provisions of those documents might provide some guidance as to your options. Its probably best to ask your divorce attorney. Generally speaking, I'm not sure there is much you can do that wouldn't cost... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: Teen pregnancy

What are my options if my 17 y/o daughter gets pregnant. I don’t support it and have no intentions of helping and be responsible for another life.

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

It's not clear what you mean by your "options". As long as she is a minor or regularly attending high school or a high school equivalent program, she is legally entitled to financial support by her parents. After that, there is no legal duty to support one's children absent a... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: If a 17yr old's parent is physically and emotionally abusive can they leave, and will that parent keep the other kids?
Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

More information is needed about the situation before anyone can answer this question. You might consider consulting with an attorney who can discuss the situation with you and properly advise you in real time.

1 Answer | Asked in Family Law for Oklahoma on
Q: How do I get guardianship tormated my mom had timperary guardianship but she passed away
Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

It isn't clear from your question who your mother's ward is/was. Was it you? Are you an adult? You might consider calling Adult Protective Services or the Oklahoma Disability Law Center.

1 Answer | Asked in Criminal Law and Family Law for Oklahoma on
Q: I suspect my mother is doing drugs and she is verbally, mentally, and physically abusive to me, could I legally leave?
Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

I recommend that you speak with a trusted adult about the abuse. Is your father available? What about a grandparent? Teacher? Doctor? Have you considered contacting the Department of Human Services child protective services? What about the police or sheriff? Your safety is the primary... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Is it illegal to keep my two year old away from my abusive ex? We were never married.

We don't have custody established. And I spent years being abused by him and I fled for the safety of my family.

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

It is not "illegal", in that is is not "against the law" in a criminal sense. Also, if there isn't any court order establishing custody and visitation, he does not have any enforceable rights. You, as an unwed birth mother, have "sole custody" as a matter of... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: What defines a “meaningful relationship” in Oklahoma?

My daughter is nearly 2.5 and my husband of almost a year has raised her since she was 4 months old. Her biological father moved out of state, and hasn’t seen her in nearly 4 months. When he would see her it was for a couple hours once a month and would never ask to call or video chat with her,... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

Failure to maintain a relationship with the child is one factor the court considers when someone petitions the court for adoption without the consent of a biological parent. Another factor is failure to support.

1 Answer | Asked in Family Law for Oklahoma on
Q: How do I go about changing my daughters last name? Need to change to her dad's last name.

My husband and I were not together when I had my daughter and he is not on the birth certificate. We are now together and married. He is the father of my daughter. Need to change her last name to ours but don't know how or what to do.

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

You will have to file a petition with the district court for a name change.

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I have a 17 year old friend in Texas who is living with an abusive father, can I go get her & bring her here?

My friend turns 18 in December but is there anything I can do to help her before that? I live in Oklahoma, would it be legal to let her live with me until she turns 18?

Edit: Some information about the situation that I forgot to mention, mostly because she had an incident with her father... Read more »

Brian Boeheim
Brian Boeheim answered on May 20, 2020

Have her call, or you can call, DHS (CPS in Texas) and report the abuse, They will do a welfare check and if she is honest with them they will most likely take her out of the home and place her with another family member or friend of the family. I have seen it before where these emergency... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: If I voluntarily turn my children over to dhs, will I be charged with anything?

Homeless, carless, jobless living in a hotel with 3 children. Having a hard time supporting them. All 3 have adhd and odd. 1 has autism. I don't want to give them up but I don't see any other way. Family is unwilling to help. Don't get food stamps or tanf. Have applied for both.... Read more »

Brian Boeheim
Brian Boeheim answered on May 16, 2020

You are clearly in a tough position, and you want to provide the best future for your children. From a purely legal point of view, I would suggest you act out to Family and Children Services and set up an appointment to see what services they may be able to provide. If the services they would be... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: What happens at a disposition hearing, is the case resolved (Final decree entered) and closed, or dismissed to refile?
Brian Boeheim
Brian Boeheim answered on May 15, 2020

Not really sure what you mean by a disposition hearing. If there is an agreed decree then a disposition hearing is nothing more then the Judge taking testimony that a divorce is what everyone wants. If there is any type of dispute to property, custody, or spousal support then it will be a trial.... Read more »

2 Answers | Asked in Family Law and Child Support for Oklahoma on
Q: My question involves a family issue from Oklahoma

In Oklahoma, if a man and woman are married, and the wife has a child that turns out not to be the husbands, is he required by law to pay child support for the child that isn't his?

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

If a child is born during the marriage, the husband is considered by law to be the father and will be on the hook to support the child. There is a very specific procedure and specific time limitations to solve this problem. Contact an attorney today, not tomorrow, to review your case.

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