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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: My parents were appointed guardianship under 10A section 1-4-709 Last year judge is tryin to put them back in dhs
Pete David Louden
Pete David Louden answered on Feb 25, 2021

There is not enough information here to know what is going on with this case. With that said, if there is a threat that children may be removed by the state the guardians and the parents each need to hire attorneys right now. It is always better to take action to try to prevent the removal than... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Gary Johnston Dean
Gary Johnston Dean answered on Feb 24, 2021

There are no public forms for this. We suggest that you contact a lawyer for help with this issue.

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1 Answer | Asked in Family Law for Oklahoma on
Q: There was a child visitation order put in place in 2011. I went to prison for 12 years, is that order still in effect?
Pete David Louden
Pete David Louden answered on Feb 22, 2021

A court order remains in place unless/until it is modified.

1 Answer | Asked in Employment Law and Family Law for Oklahoma on
Q: What can I do if my husband is having an affair with a male supervisor that is a county employee for the State of OK?

My husband started an affair with his then supervisor (that’s a male), my husband is also an alcoholic and his supervisor would give him alcohol on company grounds, his supervisor would tell him intimate details about other employees that is a breech of their privacy but, his supervisor used his... Read more »

Charles Watts
Charles Watts answered on Feb 22, 2021

You can divorce your husband. Your husband would have to be the one who sues the county.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: What motion do I file when I am denied cross examination of a states witness by a judge or court in oklahoma?

A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit

Pete David Louden
Pete David Louden answered on Feb 19, 2021

This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: In Oklahoma’s friend/someone dear too me is dealing with a verbal abusive father and half caring mother. She wants out

Basically the person my love that I truly care for her and she dealing with unable to attend a normal schooling and she has a abusive verbal dad that talks crap too her and her mother and I am wanting to get her out of that place and see about letting her move in she currently 15 but by May she... Read more »

Pete David Louden
Pete David Louden answered on Feb 16, 2021

What is your relationship to the child?

1 Answer | Asked in Family Law for Oklahoma on
Q: How can I prove a common law marriage in OK if we didn't tell his family? Only trusted friends?

He late husband was 30yrs my senior and we knew his estranged family wouldn't approve. We didn't feel the need to tell everyone we came in contact with, only those special to us. We didn't get out much anyway. I have love letters from him and pictures that I think display our... Read more »

Charles Watts
Charles Watts answered on Feb 13, 2021

For common law / non-ceremonial marriage it is a fact finding exercise requiring many different aspects and then the burden of proof is on the one claiming the marriage (you in this case). This is something that really you will need an attorney to assist you to put things in order to prove your... Read more »

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What steps should we take after we've /somewhat/ agreed on a custody arrangement

We were never married and very recently split. We've decided on 50/50 and are wanting to do something like 3 days-4 days until he finds work, which we would like to switch to his days off he gets our daughter.

Pete David Louden
Pete David Louden answered on Feb 8, 2021

The right way to do this and avoid problems later is to file a Petition and then enter an agreed order and Joint Custody plan. Hire an attorney and they can make this happen.

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3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What steps should we take after we've /somewhat/ agreed on a custody arrangement

We were never married and very recently split. We've decided on 50/50 and are wanting to do something like 3 days-4 days until he finds work, which we would like to switch to his days off he gets our daughter.

Charles Watts
Charles Watts answered on Feb 9, 2021

Both Pete and Brian are giving you sound advice. A Petition to Establish Paternity, Custody and Child Support is the smartest safest way to protect all parties. You are getting along now, but if you look in the courts you see millions of people that were getting along at one point that are no... Read more »

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1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: My husband & I decided to separate back in 2014-2016 & back together now so i want to take him off child support so how

My child support case is open in Lawton, Oklahoma but i reside in Oklahoma city, Ok now? Would i need to go back to lawton to have him removed or can i do it through oklahoma city oklahoma since the child support case is still in oklahoma state

Charles Watts
Charles Watts answered on Feb 8, 2021

According to the DHS website https://oklahoma.gov/okdhs/library/policy/current/oac-340/chapter-25/subchapter-5/parts-15/assignment-and-transfer-of-cases-to-child-support-offices.html - They do not transfer to different offices unless there is a conflict of interest and based on your facts there is... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My husband's daughter is 17 and has decided to move in with us. He pays child support. How can he stop paying it?
Charles Watts
Charles Watts answered on Feb 8, 2021

If all he is worried about is the support then he needs to file for a modification with the DHS office that is handling the support. However, another option would be to file for modification of custody and child support because that will change the legal custody as well as readdress the child... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: I have voice recordings of my son being mentally and physically abused by his father the custodial parent.
Charles Watts
Charles Watts answered on Feb 2, 2021

I am not sure if you have a question here, but if in fact this is accurate you need to notify DHS for an investigation to be opened. If you are wanting to challenge custody, then you need to contact an attorney.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: What does it mean when it says matter striken pending service to be reset by either party?

He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify... Read more »

David A. Cincotta
David A. Cincotta answered on Feb 1, 2021

stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take... Read more »

2 Answers | Asked in Family Law for Oklahoma on
Q: Can a 13 yr old choose to live with their dad if their mom has left them with their grandma

My daughters 13 years old friend wants to live with her dad, her mom has no home at the moment and left the kids at her moms house. The girl doesn't want to live with her grandma, she wants to live with her dad but her mom n grandma keep telling her no she can't go live with her dad. Her... Read more »

Charles Watts
Charles Watts answered on Feb 2, 2021

Based on your question there are a lot of moving parts. If there truly is no custody papers, then the father has a legal right to the child. But this is a very touchy subject and would need to be researched fully to make sure there are no legal custody papers. If the maternal grandmother does... Read more »

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2 Answers | Asked in Family Law for Oklahoma on
Q: Can a 13 yr old choose to live with their dad if their mom has left them with their grandma

My daughters 13 years old friend wants to live with her dad, her mom has no home at the moment and left the kids at her moms house. The girl doesn't want to live with her grandma, she wants to live with her dad but her mom n grandma keep telling her no she can't go live with her dad. Her... Read more »

Pete David Louden
Pete David Louden answered on Jan 29, 2021

Her dad would need to hire an attorney and file for custody of the child.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex was granted physical and legal custody of our children. What does that mean and what are my rights?
Brian Boeheim
Brian Boeheim answered on Jan 28, 2021

Legal custody is the rights to make decisions about things like medical, religion, and school. Physical custody is that she is the primary custodian and has physical custody of the child. That does not mean you don't have rights to visitation. Did you file a Paternity action? Did you get a... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: If a parent voluntarily gave up custody of their child to the grandparents, can they get child back

If a parent voluntarily gave up custody of their child and allowed the grandparents to adopt, can the child come live with them if they choose at age 12? Or come live with them again at all?

Charles Watts
Charles Watts answered on Jan 19, 2021

In a short answer, No and yes. You can no longer get the child back as your children because your rights have been terminated. If the child wants, and if the child's legal parents (your parents it appears) choose to let the child stay with you, that is their right as the parents, however, in... Read more »

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2 Answers | Asked in Family Law for Oklahoma on
Q: Can a paternity suit against an American be filed in a US Court from Italy or does the plaintiff need to be in the US?
Pete David Louden
Pete David Louden answered on Jan 16, 2021

Hire an attorney in the state where the case will be filed and they will be able to help you.

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1 Answer | Asked in Family Law for Oklahoma on
Q: What if the parent has been estranged for 10 or more years? Does the sibling have rights?
James Tack Jr
James Tack Jr answered on Jan 12, 2021

Unsure what the question relates to. inheritance rights do not diminish because of distance or estangement.

1 Answer | Asked in Family Law for Oklahoma on
Q: What if the parent has been estranged for 10 or more years? Does the sibling have rights?
Pete David Louden
Pete David Louden answered on Jan 12, 2021

Nothing happens unless someone takes some type of legal action.

Not sure what you mean by siblings having rights. Rights to what?

There is not enough information provided to give you a more specific answer.

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