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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: Does a child have rights to the parents estate after parental rights are relinquished?
Timothy Carignan
Timothy Carignan
answered on Jan 23, 2023

The short answer is No. Unless the child was specially named in a will, the child will not inherit. A provision for “all of my children” - or worse, no will at all - will not include a child who is legally considered someone else’s child.

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: Can I become executor of my deceased mothers land without a will in place?

I am one of 4 siblings. My mother passed and did not have a will. She was common law married but the land was purchased before the marriage and was only in her name. I have been paying the taxes on the land since she passed. What can I do to obtain the land since I am caring for it?

Charles Watts
Charles Watts
answered on Jan 10, 2023

Contact a probate attorney. These can be complex issues, and with a spouse involved (common law or not) the date the land was purchased is not relevant (it would be in the event of a divorce but not necessarily in death) - But first thing is the estate (land and all other belongings) needs to be... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Oklahoma on
Q: My 83 year old father is being scammed and he’s sending money to who he thinks is a 20 year old that’s wanting to marry

him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?

Reece B. Morrel Jr
Reece B. Morrel Jr
answered on Jan 4, 2023

To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can a divorce decree be enforced if the spouse hasn't adhered to the final decree if said spouse passes away

34yrs married, mental harassment to go get divorce, during the year and a half of going thru this, on top of kids and I doing repairs,painting, etc. to home to be put up for sale, and the deaths of my brother, my ids Sad and finally my Son. He has sold of assets, moved money around and other... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 29, 2022

Rhonda, you really need a lawyer to help you with this! Many will let you pay the retainer in installments. Good luck to you.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 28, 2022

You should contact a family law attorney. Service of summons on an inmate i$ complicated. Buy yes, you can get a divorce, but you cannot marry for 6 months after your divorce is granted. Good luck.

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1 Answer | Asked in Family Law and Civil Rights for Oklahoma on
Q: My girlfriend's mother made false accusations to the DHS about me and I been cleared. Can I sue her for slander?

The DHS have taken the kids from the home and gave them to my girlfriend's mom.

Charles Watts
Charles Watts
answered on Dec 28, 2022

DHS reporting is confidential and anonymous. Therefore any blatantly false allegations can only be prosecuted by DHS.

1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My spouse filed for divorce without my knowledge. We were separated for 3 months and he died before the divorce court

Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?

Charles Watts
Charles Watts
answered on Dec 24, 2022

If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: Grandmother had 5 acres and had no will and passes. Has 5 kids left behind and wanted each to have 1 acre but never

Deeded or willed. One of them lives on the 5 acres in the home where she had lived and had been there for about 5 years she has been deceased a year. No probate has been drawn up who has ownership of the property and can they sale all it or give it to another family member like a uncle or such?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Probating the grandmother’s estate will be the quickest and least expensive route to take. Sooner is better than later.

1 Answer | Asked in Family Law for Oklahoma on
Q: DOES CPS NEED PROOF AS TO WHY THEY REMOVED MY CHILD FROM OUR HOME? IS IT LEGAL TO USE MY CRIMINAL CASE AS A REASON?

My daughter has a criminal case pending. She has some mental health issues also an she was Inpatient in a behaviorial health facility for about 6 months. After being released we went to court where the judge placed her with a relative an had us go thru tribal courts to get legal guardianship. Which... Read more »

Pete David Louden
Pete David Louden
answered on Dec 23, 2022

Depending on the nature of the crime, criminal charges can be a very important factor. If children were removed from the home and you are not sure why, consult with an attorney in private and the attorney can review your case and help you identify the problem.

Best of luck!

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Pete David Louden
Pete David Louden
answered on Dec 22, 2022

Yes, any family law attorney in your part of the state can help her. Take a copy of the protective order and any other court documents to the attorney. Once they review what has been filed they will then be able to tell you exactly what needs to happen next.

Best of luck and happy holidays.

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1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: If the grandparents adopt said children would we be able to file for our parental rights to be reinstated if both

Parents and grandparents agree

Charles Watts
Charles Watts
answered on Nov 7, 2022

Once the parental rights are terminated and the original adoption is approved you would have to file for adoption of the child(ren) and prove that it is in the best interest of the child(ren)

2 Answers | Asked in Adoption, Child Support and Family Law for Oklahoma on
Q: If a father is paying child support and a step dad wants to adopt well child support be terminated
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 4, 2022

The bio dad must appear before adoption judge and consent to the adoption. His child support will terminate when the adoption is granted.

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1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... Read more »

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is "any other times mutually decided and agreed upon by and between parties" enforceable?

In current permanent parenting plan, custody exchanges are detailed except one. The phrase "Any other times mutually decided and agreed on by and between the parties" is included. Ex spouse refuses any and all requests for this as she believes that this is not enforceable if one party... Read more »

Charles Watts
Charles Watts
answered on Oct 28, 2022

Your question is a bit vague and not sure what the law enforcement provision is regarding to. In general “any other times” is just that times that are not specifically mentioned in the plan (ie. Regular visits, holidays, summer, etc…) and thus these times are merely optional so long as both... Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for Oklahoma on
Q: I need to know who has POA over me. can u help me

I know a loan on my house was done when I was in prison. and this same person remarried myself and Logue. I thought I was divorced in 2012. But I have been supporting him and his other females unknown to me. My trust I had got wiped clean and now I'm over 20,000 in debt

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 26, 2022

if you are asking specifically regarding the IRS or State you can call, confirm your identity, and see who has an active Power of Attorney on your account. The representatives you speak to should be able to give guidance on how to revoke that power as well.

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Family Law for Oklahoma on
Q: In Oklahoma, if you are married & you have joint ownership on all & beneficiary on investments. Does spouse inherit it?

Spouse has jount ownership & beneficiary on all, who inherits?

Charles Watts
Charles Watts
answered on Oct 15, 2022

The beneficiary will receive that benefit as those are processed outside of other items. Generally, As a joint owner it is normal to have rights of survivorship which the owner surviving receives the rights/ownership of the property in question. To get more specific answers with your case then... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: I. Oklahoma, if spouse dies & surviving spouse has joint ownership in home,& beneficiary on investments what happens?

Will surviving spouse inherit above?

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 15, 2022

A copy of spouse's death certificate SHOULD be sufficient for broker to change title to

Your name. Probate not necessary .

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a child that is almost 3 his dad has never had anything to do with him what’s the legal time to terminate rights

We were never married or lived together. Paternity was never established he is not on the birth certificate does he have rights since he absolutely does nothing for the child

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 11, 2022

Yes, Bio dad has rights, and you have rights to child support. DHS can help with this, or a private attorney can do it more quickly.

Parental rights can be terminated, but only in connection with an adoption.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my childs other parent is trying to keep them from school to goto mexico what am i able to do

Currently separated for 4 years but still married and she lives in the home i own

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 3, 2022

Mexico requires written consent of both parents for a child to enter Mexico.

Consult an experienced family law attorney for more help.

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