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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Personal Injury and Medical Malpractice for Oklahoma on
Q: What about repeated text communications?

from paternal cousin who is going thru an alleged agreed mediated divorce with my maternal second cousin [aka “daughter”] - anything you can do about his narcissistic behavior besides ignore it? Yep. Wrap your head around that one. Lol

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

you would want to consult an Oklahoma attorney, but my read would be 1) this is one divorcing person with another--let their attorneys handle it; if they have decided not to use attorneys, be aware that the person texted is getting free information, ammunition possibly. Why stop the flow. (In... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: My husband got a job at Waffle House and started having an affair with the general manager now he lives with her she ha assaulted me and sends me vulgar messages about what her in my husband do Waffle House has a no fraternizing policy I have contacted Waffle House and informed them of this and I've done nothing is there anything I can do?

Charles Watts
Charles Watts answered on Jan 11, 2022

You cannot force Waffle House to do anything. You, however can file a police report for the assault and harassment against her. Additionally you can file for separation/divorce against your husband if you are not able to reconcile. Good luck to you.

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a 16 year old granddaughter in Tampa Florida. She has called me this evening after a fight with her mother.

Her mother told her to pack her bags and get out and she never wants to see her again. I live in Oklahoma. Am I able to go get this child without legal repercussions?

Charles Watts
Charles Watts answered on Jan 4, 2022

Yes and no - or better yet - it depends. Since the child is a resident of Florida you will need to talk to a licensed attorney in Florida to establish a guardianship and then you would be able to bring the child here. But without that in place I would be cautious.

1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Next of Kin laws/probate

My aunt was adopted by my biological grandfather before I was even born. We never believed less than blood relation. In her passing, she has family disputing my relationship; "step" is what they're saying. She may have had a will, but that family has taken several documents from her... Read more »

Charles Watts
Charles Watts answered on Dec 30, 2021

You need to contact an estate/probate attorney as soon as feasible. It may have already been placed into probate or it may not have been. It just depends how aggressive they are and if they have an aggressive attorney. You need someone that can put some time in this since you are out of state. It... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... Read more »

Charles Watts
Charles Watts answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... Read more »

1 Answer | Asked in Adoption, Family Law and Elder Law for Oklahoma on
Q: Re: guardianship of my mom. My siblings were adopted out of the family. Do I need to serve official notice to my them?

I am the only one of my mom's children who wasn't legally adopted. I'm wondering if I should go through the process of paying a sheriff/process server to deliver the notice of guardianship petition.

Charles Watts
Charles Watts answered on Dec 9, 2021

Since an adopted child still receives a childs portion of the estate of biological parents, I would send them notice in this matter as well. However, you can send it via certified mail and this is cost less than the sheriff/process server.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Oklahoma on
Q: I need to speak with an attorney regarding a Second Degree Burglary charge I am currently facing.

I was pretty much bullied into opening the car door for my abusive boyfriend (now ex boyfriend) so he could load 2 weed eaters he had just stolen from a storage unit, into the back seat of his car. I opened the back door like I was told to, and Got directly back into the vehicle. I am being charged... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 5, 2021

If you know about a crime, you go with them to the crime scene, you stay with them and you leave with them knowing what has occurred, you will almost always be charged as a codefendant. If you could show some coercion was applied to you, threats of some sort if you did not comply, and that you did... Read more »

1 Answer | Asked in Family Law and Personal Injury for Oklahoma on
Q: Can I sue my ex husband for part of a death settlement he received from our daughter's accident?

My 21 year old daughter passed away last year. It was an ATV accident, my ex husband her father filed a death suit before I did. He received the settlement money this year and even though I was named in the documents as her mother next of kin, she wasn't married or had children I wasn't... Read more »

Howard Berkson
Howard Berkson answered on Nov 19, 2021

You can sue, but you may not have to. You might try contacting his attorney and see if his attorney can talk some sense into him. If that doesn't work, you'll need to contact an attorney. If you don't think anybody can talk any sense into him, you may want to get an attorney and... Read more »

1 Answer | Asked in Estate Planning, Family Law, Communications Law and Probate for Oklahoma on
Q: Yes my husband's aunt died in New Mexico and her partner not married has will. Does he have the right to ask for a copy

He is the next living relative and had to send information and initials to funeral home because funeral home wouldn't let partner do it even with will stating so.

Anna L Self
Anna L Self answered on Nov 15, 2021

In Oklahoma he would not be required to provide a copy of the will but since she died (I am assuming she lived there) in New Mexico you should post in the New Mexico group.

In Oklahoma, if your husband was an heir pursuant to the will he would be given written notice when the will was...
Read more »

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My spouse and I still currently live together and he filed a petition for dissolution of marriage without a summons

With notice. Can I file my own petition as the petitioner since I haven’t been served or signed a wavier?

Charles Watts
Charles Watts answered on Nov 13, 2021

Just because you haven’t been served does not invalidate the petition. However, since you have not been served properly your time does not start for your response. You should contact an attorney to help you file a response with counter-petition and thus indirectly you are filing your own... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Should my sister and I inherit my late father's portion of our grandparent's estate?

My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »

Charles Watts
Charles Watts answered on Nov 11, 2021

You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... Read more »

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1 Answer | Asked in Family Law and Civil Litigation for Oklahoma on
Q: My son moved out back in may of 2021, and he is trying to put a VPO on me and all I do is worry about him.

I should have rights to check on my son, he thinks IM out to hurt him cause he stole a truck from me which is NOT the case I love him very ,much and I just want to check on him, Im his father what are my rights, He is 18 tho but still

Pete David Louden
Pete David Louden answered on Nov 4, 2021

If a protective order has been filed, hire an attorney to defend you. You do not want a PO to be entered because it can follow you and impact your life in many ways.

Best of luck.

1 Answer | Asked in Family Law for Oklahoma on
Q: Do I have to submit discovery paperwork to the judge as well as the other side in a paternity case in Oklahoma?
Pete David Louden
Pete David Louden answered on Nov 3, 2021

Discovery is not filed or submitted to the court.

I can tell by your question that you are in over your head in the deep water. You need an attorney. If the other parent has an attorney and you don't, it usually does not end well.

Best of luck!

1 Answer | Asked in Family Law for Oklahoma on
Q: can I get DPOA for my 20 year old daughter who is in coma if her boyfriend is trying to use his rights as POA with tax

I had POA medical firsts they didn't listen to him say he was common law but the only thing he's provided was proof of taxes together but I believe he's controlling mentally abusive shes going to have Brain damage can't let her go back. Weak-minded and moldable if she says... Read more »

Charles Watts
Charles Watts answered on Nov 1, 2021

No. The person giving you the POA (your daughter) has to be the one giving you the POA and she cannot do that in a coma. You have options if the boyfriends POA does not continue through incapacitation but you would need to have an attorney review it. If that is the case then you may be able to get... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: I want half of my dead fathers estate

Father died 3 years ago and left no will his only legal heirs are me and my younger brother; said younger brother decided to make himself executor of the estate. He went to court over the property and won; a quit claim deed was signed over to him and him alone. Is it possible to get half of our... Read more »

Anna L Self
Anna L Self answered on Oct 29, 2021

You would need to talk to a probate attorney and have them review the court documents that you have. You state that "he went to court and won". If the judge already decided that all of the property should go to your brother it may be too late. However, that makes no sense. If a probate... Read more »

2 Answers | Asked in Family Law and Workers' Compensation for Oklahoma on
Q: Prior of death a person was receiving unemployment benefits; is a family member entitled to these benefits after death?

Can you give me the statue of this law to the question in Oklahoma.

Charles Watts
Charles Watts answered on Oct 24, 2021

Unemployment is payable to an eligible employee, not to heirs or their estate. Therefore when the employee dies they are no longer an eligible employee and the payments must stop.

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I obtain a documents stating I have Sole custody. Our son was born out of wedlock and we never have gone to court

For 9 years I have had custody of my son. I have made all major decisions regarding education and how he is raised. He has lived with me and been financially supported by me since his father has never paid child support nor have we gone to court to establish custody. We were never married or in any... Read more »

Pete David Louden
Pete David Louden answered on Oct 20, 2021

If you have never been to court, there would not be any court documents stating that you have custody. However, since you were not married, you would be considered the custodial parent by statute. I published a Blog Article that explains custody of children born to parents who are not married.... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If I have emergency custody of my son but I let his dad have him and he has had him for the last 5 years what can I do?

Do to get visitation? His dad won't allow me to see him and he never went to court to change the status of me having emergency custody. I do not want to take my son from where he is, its a lot to explain why I got emergency custody and then gave my son to his dad...He won't tell me where... Read more »

Charles Watts
Charles Watts answered on Oct 11, 2021

I am sure there are logical reasons for your choices, however if you had emergency custody and then gave your son back to the father then you violated the court order as well as ignored the emergent situation that brought about the custody. This is not something you should attempt to handle on your... Read more »

3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... Read more »

Anna L Self
Anna L Self answered on Oct 8, 2021

If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!

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