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Oklahoma Questions & Answers
1 Answer | Asked in Animal / Dog Law and Personal Injury for Oklahoma on
Q: My dog was left at dog resort the resort lost him and he was hit by car. The insurance is offering half bills?

The pet resort lost my dog and as a result my dog was hit by a car. This required an ER visit and surgery in order to save his life. The medical visits are not done yet but will probably be about 9000. The pet resorts insurance is only offering me 5500, leaving me to pay the rest of the medical... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

You will likely need to speak to a local animal attorney to write what’s called a demand letter to ask the boarding facility to reimburse you for all the bills. You will need to gather all your bills and have them sent to the insurance company for them to reimburse you for everything. They are... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Can I move in with one of my family members if I am the age of 16?

I am 16 and havent lived with my parents for almost two years but they have complete control over me and they dont want me to have a social life and my step mom doesnt like me but my cousin wants me to live with them and like I really want to but im scared of my parents and dont know what to do!!!

Pete David Louden
Pete David Louden answered on Nov 23, 2020

You would need to ask your parents for permission.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Is adopted child responsible for bio parent at death?

My sister and I were contacted by my bio dad's brother stating he died and we are next of kin. We have not seen him since we were 3 & 5yo (40 years ago). We were adopted 27 years ago by a man we have always considered our father. The last 8mo or so my bio dad has tried to make contact with... Read more »

Charles Watts
Charles Watts answered on Nov 22, 2020

In short, the answer is no. There are always extenuating factors that can be involved, but that would require you sitting down with a family law attorney and working through all the details. An adopted child can receive inheritance from the biological parents as well as the adoptive parents, so... Read more »

2 Answers | Asked in Criminal Law and Sexual Harassment for Oklahoma on
Q: Can my parents win a case against an 18-year-old if I'm 16

I live in Oklahoma and the age of consent is 16 can they really win a case?

Charles Watts
Charles Watts answered on Nov 22, 2020

This question requires much more information to be answered with any degree of accuracy. However, while the age of consent is 16 in the state of Oklahoma, the age of majority is 18, therefore a 16 or 17 year old is still considered a minor. Furthermore, if you are basing this question solely on a... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Civil Rights for Oklahoma on
Q: Can a non profit church who owns an apartment complex raise the rent for no reason ?

Especially when the place is falling apart

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: False allegation of abuse

Can you get your child back after there is a false accusation of abuse to your child by your fiance

Pete David Louden
Pete David Louden answered on Nov 18, 2020

Whoever is accused of abusing a child needs to hire an attorney right now and not make any statements to anyone without an attorney. Where many people go wrong is they wait too long to get help and end up with a mess an attorney may or may not be able to clean up. Get help now.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I am trying to find the form to send out to compel the income and tax documents under OS Title 43 Section 118.3
Pete David Louden
Pete David Louden answered on Nov 17, 2020

I am not aware of any form. Attorneys typically draft their own documents.

1 Answer | Asked in Family Law, Child Custody and Gov & Administrative Law for Oklahoma on
Q: I need legal representation for a divorce I was never part and was kept away from my kids please

I would like to re evaluate the my court case only this time I have the right representation thank you

Pete David Louden
Pete David Louden answered on Nov 16, 2020

Where in Oklahoma is your case?

Has there already been a divorce decree filed? If so, when?

What is it you want to try to modify?

Any other details of your case you can think of would be helpful also.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens if a customer purchases a product and gives you a check and then puts a stop payment on the check.

The customer then gives a credit card and it has insufficent funds this has gone on for weeks, now the customer is giving excuses one after the other please contact me and see if you can help, the truck driver and out of state can I file federal charges against them.

David A. Cincotta
David A. Cincotta answered on Nov 16, 2020

No, you cannot file federal charges against him. The US Attorney decides what criminal charges to pursue in federal court and the District Attorney or Oklahoma Attorney General decides what criminal charges to pursue in state court. You can report the matter to the police. The police may... Read more »

1 Answer | Asked in Small Claims for Oklahoma on
Q: Can anyone point me to case law or anything that defines “reasonable effort” please.
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

An Oklahoma attorney could advise best, but your post remains open for two weeks. As a general matter, that could be a difficult search query because it could be somewhat broad, coming up in cases ranging from physical injury to debt collection to criminal law. It could possibly yield irrelevant... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Can a parent take the earnings of their children?

A 17 yo, almost 18, child we know works a full time job. His parents take nearly all, if not all, of his take home pay. This is also true for his sister. The business is not owned by the parents yet they also have the kids work just about every one of their days off in order to have the extra. I... Read more »

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

If a person is a child, under 18, then whatever they do is under the control of the parents.

2 Answers | Asked in Estate Planning and Tax Law for Oklahoma on
Q: Interpreting IRS rules for assigning value to in-kind contributions with a FMV of $500 or less

At 80, I am in the process donating several hundred American and European prints and a like number of Japanese woodblock prints, ranging in value from $100 to $12,000 each. Most are classified as "promised gifts" and are with the intended recipient, a 501(c) (3) tax-exempt, fully... Read more »

James Tack Jr
James Tack Jr answered on Nov 13, 2020

There is an appraisal requirement for all gifts in excess of $5000. That applies to where you give similar items of property where the total value is above $5,000. Six $1,000 items donated would reqire an appraisal. If you haven't already, you will want to contact the fine art museum to make... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Worried about mother of my child leaving me taking my daughter but she's the one with the mental illness

I'm the mom and dad most days I just wanna make sure I have at least joint custody and that her mom dont try to swoop in and take my daughter

Pete David Louden
Pete David Louden answered on Nov 12, 2020

If you were not married, Oklahoma law states the mother has custody of the child until the district court orders otherwise. It is critical that you get a petition filed in the district court to establish your rights. Hire an attorney asap to help you get this done.

1 Answer | Asked in Family Law for Oklahoma on
Q: if a 16 year old has a job and pays for phone and car and has bought both can parents govern when they can use or take.
Pete David Louden
Pete David Louden answered on Nov 11, 2020

Yes. The short answer is parents make the rules and children follow the rules.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Need help keeping intimate partner from going to jail?

Charges are assault by strangulation, domestic violence, interrupting a 911 call and avoiding the police, dhs is involved and I feel like I'm gonna lose my intimate partner and child and I cant do it, if that happens I wont be able to go on in life if I lose my child, I need a way for me to... Read more »

Pete David Louden
Pete David Louden answered on Nov 10, 2020

At this point it sounds like you need to do two things:

1. Your partner needs a criminal defense attorney right now to fight any criminal charges.

2. You need a family law attorney to help you with DHS, now.

Where many people go wrong is they wait too long to get help. Do...
Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Divorce to be finalized this month. We have joint custody.

My main question is this both kids are 12 years and older and have expressed verbally to me that they want to live with me. I am getting remarried and will be moving out of the state of Oklahoma next month.

Pete David Louden
Pete David Louden answered on Nov 10, 2020

The law states you must wait 6 months after the divorce is granted to remarry. Also, you would have to follow the provisions of the relocation statute that will be set forth in the decree in you want to move.

This sounds like a pro se divorce. I strongly suggest you consult in person...
Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can the executor sign everything over to one child?

My dad died 2001 and it has been in probate ever since. My mom is the executor and they were married at the time of death. She had 2 of his 5 kids.

Because she was the wife at the time. Should she automatically get half? Since that time, it has been only my mom, me, and youngest sister on... Read more »

Ilana Sharpe
Ilana Sharpe answered on Nov 9, 2020

I can't fully answer this without more information. However, if your father had a Will when he died and that Will was admitted to probate then the terms of the Will dictate how the property is distributed. If he died without a will then his wife will acquire 1/2 of the property acquired by... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My child was sexually abused, and the perp has been sentenced. Now I want copies of the evidence, court records, but how

She was 11 at the time reported, and the ADA told me I could view/copy the case file when the offended was sentenced. It’s over now and I emailed the ADA about wanting copies of the case (never heard back) including the forensic interview of my daughter. I feel like I as her mom have rights to... Read more »

David A. Cincotta
David A. Cincotta answered on Nov 7, 2020

As the parent of the victim, I would suggest you start by talking to the District Attorney, the supervisor of the ADA, or even the victim witness coordinator at the DA's office. Some of the types of documents you identify are difficult for the public to gain access to - especially if the case... Read more »

1 Answer | Asked in Criminal Law, Child Support and Education Law for Oklahoma on
Q: is it illegal for a teacher to grip a student hard enough to cause bruises?
Pete David Louden
Pete David Louden answered on Nov 7, 2020

As with most all things, this would depend on the specific facts of what happened. This is one of those issues where to get a reliable answer you will need to have a detailed consultation with an attorney. The attorney will want to review all of the facts and also ask questions to get to the... Read more »

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: When asked if you have had bankruptcy in past 3 years, what date is this based on? (filing date or discharge date)

I would like to refinance my house to lower rates. I completed chapter 13 bankruptcy earlier this year. The application asks if I've had a bankruptcy in the past 3 years. Is that 3 years from when I filed bankruptcy or 3 years from when I finished it?

Timothy Denison
Timothy Denison answered on Nov 6, 2020

Filing date.

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