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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Support and Juvenile Law for Oklahoma on
Q: What should my friend do if them and their brother are threatened to get kicked out when they're under 15?

My friend is currently living with their grandmother because their mother is trying to get up and off of her feet and get them a house of their own, but their Grandmother and Grandmother's boyfriend are threatening to kick them out again, and then they'll be back on the streets again.... Read more »

Pete David Louden
Pete David Louden answered on Jun 15, 2021

Where are the parents?

Report abuse/neglect to DHS.

1 Answer | Asked in Family Law for Oklahoma on
Q: Can a former Judge who was recently over my childs custody case. Resign as Judge, and then turn around and be a partner

With the mothers Attorney against me? Is that not a conflict of interest?

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

Same answer. The attorney and the former judge will probably know and have worked with many of the other local attorneys. Not necessarily a conflict.

You should have your own attorney and then you won't have to worry about who is representing the other party.

1 Answer | Asked in Family Law for Oklahoma on
Q: Can a former Judge that was on a childs case be a partner with one of the parents attorney? Wouldn't that be a Conflic

Also, can the Assistant District Attorney be a friend with the mothers Attorney, and has also worked with the mothers Attorney?

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

An attorney who has been around for a while usually knows the other local attorneys who practice in the same area of the law.

2 Answers | Asked in Family Law and Tax Law for Oklahoma on
Q: How do I get my children's social if she wont give it to me? I'm the head of house hold.

I found out by DNA that I'm the father of twins in Dec of 2020. I am not on the birth cert. I moved to Oklahoma February 24th. I currently provide for the entire family. My two 8 month twin girls, her 7 yr old girl, her 17 year old son and her. she said she's moving out and i want to know... Read more »

Pete David Louden
Pete David Louden answered on May 31, 2021

Best place to start is hire an attorney to file a paternity action to establish your rights. That will help you get a visitation order, child support order, and get the information you need for insurance purposes.

Concerning the custody of infants: As a practical matter, you would need some...
Read more »

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can the primary custodian keep kids from goin to other parents, jus cuz they are grounded?
Charles Watts
Charles Watts answered on May 30, 2021

Based on the limited information in the question the short answer is NO. The child being grounded does not supersede a court order visitation schedule.

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1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did... Read more »

Charles Watts
Charles Watts answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

2 Answers | Asked in Family Law for Oklahoma on
Q: I’ve been my 4 yr old granddaughter’s legal guardian for well over 3 years. Would visitation thru courts be possible

She has been with me 24/7. For the past 3 months her dad has started spending some time with her including 1 or 2 over night stays per week. Her mom has been in life a bit more often but only bc I am the maternal grandmother. My question is due to her dad not caring about the bond she has with me... Read more »

Charles Watts
Charles Watts answered on May 20, 2021

If you are the legal guardian then ultimately you have the control over the child and where they stay or do not stay. There was a reason the court put the guardianship in place to begin with. Contact an attorney to discuss your options but based on the limited information that is given here it... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: My fiancé has a child with his ex she will not allow him to see the child or have visitation because of me

His ex will not allow visitation of their son due to her not liking me or the child he and I had together he hasn’t paid child support because of a job situation so she is now adding that to a the reason he can’t see their son they have done a paternity testing and proved he is the father. They... Read more »

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

Yes, your finance an file for visitation. He will also be required to pay child support. He should hire an attorney to make sure the paternity has been established and get support and visitation ordered by the Court.

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1 Answer | Asked in Family Law for Oklahoma on
Q: Our daughter was taken into Emergency custody on Dec 21 2020. We had an Adjudication hearing on May 4 2021.

We did have a court appointed attorney who wouldn't work with us. My husband works from 6am to after 4 Monday through Saturday. We tried to email her information and asked for conference calls and she refused. When we arrived at court the day of the the Adjudication hearing the attorney asked... Read more »

Pete David Louden
Pete David Louden answered on May 9, 2021

If the case was continued then you have time to hire an attorney to help you with the case. Meet with an attorney so they can review your case and once the attorney has a handle on what has happened they will be able to explain your options.

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a VPO against my ex for domestic violence. We are currently going through informal mediation for child visits.

My brother is the mediator. We were court ordered to go through third party visitation. Can he quit? His name isnt on any paperwork and we never signed any agreements.

Pete David Louden
Pete David Louden answered on May 6, 2021

Did the court approve your brother to serve as mediator? Mediators usually have formal training so not sure how that is possible unless what you mean is he is a visitation supervisor.

Either way, sounds like you are in desperate need of an attorney.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can I remove my 18 yr old daughter and her 20 yr old girlfriend without legal eviction?
Timothy Carignan
Timothy Carignan answered on May 5, 2021

They are both legal adults. If they aren't paying rent, then they aren't tenants and don't have the rights that tenants have. You can ask them both to leave, and you can call a sheriff if they refuse.

However, this will almost definitely do great harm to your relationship...
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1 Answer | Asked in Divorce, Family Law and Personal Injury for Oklahoma on
Q: Is there a term in which a person can no longer sue for spousal abuse/domestic abuse/assault ?
Pete David Louden
Pete David Louden answered on May 4, 2021

I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How can I sue for alienation of Affection? I have MANY witnesses that my marriage was great before other woman.

My husband has been talking to another woman on the phone. States they have not had sex but he wants a divorce because he is in love with her. Wants me to move out so she can move in our house.

Jessica Brown
Jessica Brown answered on May 3, 2021

I'm sorry to hear about that. It's such a tough position.

That cause of action, alienation of affection, was abolished in Oklahoma in 1976.

I wish you the best.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Did judge deny me due process by setting a review hearing?

A judge in creek County ordered a emergency protective order to be transferred to tulsa to be heard in conjunction with pending FP case due to minor child listed. Creek County judge then sets a review date to be back in his court 90 days from then. Petioner never set a hearing in tulsa. Tulsa... Read more »

Pete David Louden
Pete David Louden answered on May 3, 2021

Combining a VPO with a paternity or divorce case is common. After the cases were consolidated, was a hearing set (by either party) to address both matters in the paternity case?

Did the parties have attorneys or was this a pro se deal gone wrong?

2 Answers | Asked in Family Law for Oklahoma on
Q: My Ex husband is getting demanding with questions about our 16 y/o a week before court. Am I legally bound to answer?

He is constantly texting and expecting an immediate answer, if I don't he accuses me of maliciously ruining their relationship or even neglect.

Pete David Louden
Pete David Louden answered on Apr 30, 2021

That sounds unreasonable to expect an immediate response. If you don't have an attorney hire one quickly before your hearing.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Is it legal to place a tracking/recording device in my wifes vehicle if i own the vehicle?

In the process of getting a divorce and my wife has been doing things against court orders, while in possession of our children, that i see as being potentially harmful to there wellbeing. I cant legally protect them without evidence and this is the only way i can see to obtain any. Thank you for... Read more »

Pete David Louden
Pete David Louden answered on Apr 28, 2021

My opinion would be no. You will probably get a whole lot further if you hire an attorney and let them guide you on what type of evidence will be admissable in court and most helpful.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: what does this mean in my custody case? i was supposed to have a new court date but they posted this instead.

REQUEST FOR TEMPORARY ORDER HEARING IS DENIED. THERE IS A CHILD OF THE MARRIAGE (X2) SEE ALSO: FD-20-469. BOTH CHILDREN WERE BORN DURING THE MARRIAGE OF FD-20-469; MUST FOLLOW UPA.

Pete David Louden
Pete David Louden answered on Apr 21, 2021

Without seeing the pleadings or knowing any of the details of your case I can only guess. It sounds like maybe a Petition for Divorce and Application for Temporary Order was filed that failed to disclose there were children of the marriage. I am also going to guess that this sounds like a pro se... Read more »

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