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Oklahoma Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: If i sign to relinquish because I was offered one last visit with my children and because every one working against me

Even felt my lawyer working with them i want to appeal and possibly take to supreme court

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

I would like to assist you, however it is difficult to provide you with an answer without more details. If you are referring to terminating your parental rights, it should never be done without careful consideration. Before you do anything, it is extremely important to contact an attorney as soon... Read more »

1 Answer | Asked in Family Law and Medical Malpractice for Oklahoma on
Q: Can a non-custodial parent admit a minor child for mental health treatment without the parent with sole custody's permis

I have sole custody of my child. My son was in my care. I dropped him for IEP testing for school. When I returned, he was gone. He claimed to have thoughts of self harm and Dr called his father and police. Father admitted him to inpatient psych without my consent. No one, dr, police, father, did... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more details about your case, it is difficult to provide you with an answer. If the father has legitimated, he is afforded certain rights and privileges equal to the custodial parent’s.

It is in your utmost best interest to contact an attorney who can assist you with the...
Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I file objection and request for hearing to a temporary injunction in regards to minor child custody and support?
S. Douglas Elliott
S. Douglas Elliott answered on Nov 17, 2019

If it’s just in the initial stages you have to file an answer to the petition. If you’ve been paying a while you have to file a motion to modify.

1 Answer | Asked in Family Law, Adoption and Child Support for Oklahoma on
Q: My children were adopted by my parents years ago I ambeing sued for child support for after adoption what is the law
Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

Parent’s are still required by law to pay child support even after a parent’s rights are terminated. A parent is relieved of any further child support obligation upon the court receipt of a final decree of adoption. A parent would always be required to pay the back child support, pursuant to a... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: When an ex parte emergency custody order is made and given to the judge, does the opposing party get to give their side?

I'm asking if them and their lawyer get to go before the judge and plead their side the day the order is brought to the judge

Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

You must give the opposing party some notice (usually a couple of hours is the standard) prior to presenting the Judge with an Ex Parte emergency order. Even though I have shown up for my client in these situations, there is no statutory requirement that the Judge must listen to argument. There... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If my mom signed her rights away of me to my father. Would that put in place a no contact order between me and my mom?
S. Douglas Elliott
S. Douglas Elliott answered on Nov 14, 2019

She can't sign her rights away as their is no right or private termination. If there was then deadbeat parents would just sign their rights away and never pay child support.

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: What should i do if the local PD is protecting a guy who has done bad things to me that i can prove?

This guy has broke into my truck and shed and robbed me of tools. Stole a scooter and tow cable at a different time and admitted on text. Caught him on camera and the officer knows who it is. I showed the video to peope and everyone knows who it is but the police never even investigated... Read more »

Brian Boeheim
Brian Boeheim answered on Nov 12, 2019

Obviously, we would like to have the police take this more seriously and to investigate more thoroughly, but that doesn't seem to be happening. One possibility is to go to the county sheriff instead of the city PD. Another possibility is to file a civil suit for damages and file a protective... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: I have an issue with a contested trust that was closed, but deeds were provisioned to it.

I have documents that show the trust was terminated in 2012.

Brian Boeheim
Brian Boeheim answered on Nov 12, 2019

I the trust was terminated in 2012, the trustee should have transferred the real property by deed back to the grantor or to the beneficiaries depending why the trust was terminated. Not sure what the contested issue is? Sounds more like a claim for quiet title. Give us a call and we'll try to... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: My mother passed 10 months ago with no will. Her name is the only name on the title. My father still lives in the house

and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?

S. Douglas Elliott
S. Douglas Elliott answered on Nov 11, 2019

A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma in a domestic case can it be dismissed the same day it was filed if the defendant was incarcerated overnight
Brian Boeheim
Brian Boeheim answered on Nov 11, 2019

A criminal case may be dismissed at any time. Normally, they won't file to just turn around and dismiss. The overnight incarceration doesn't normally have anything to do with the dismissal. There seems to be more to this question. If you would like to discuss it further, please feel free to... Read more »

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Is it legal for a hospital to require a copy of our Federal income tax return when I am paying faithfully every month?

I have already provided copies of all our income, including bank statements for both our checking and savings accounts, copies of our Social Security allotments, and current copies of all our monthly checks from our retirement and financial investments for IRAs, etc.

Tim Akpinar
Tim Akpinar answered on Nov 10, 2019

An Oklahoma attorney could answer you best, as insurance practices are governed by state law. But your question remains open for two weeks. As a general matter, if someone is paying full fare for insurance coverage, they shouldn't have to disclose personal financial information. If their plan is... Read more »

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Oklahoma on
Q: I have questions about filing bankruptcy on an ENERGY LLC ?

I need to know the best way to save my producing wells which is my only income from getting shut down by Oklahoma Corporation Commission because they are making me clean up a huge salt water mess. I have proof my leak could not have caused the amount of contamination that has been found. My leak... Read more »

Timothy Denison
Timothy Denison answered on Nov 10, 2019

You will have to file suit against them and present the proof in court

1 Answer | Asked in Contracts, Construction Law and Landlord - Tenant for Oklahoma on
Q: living in this rental home since march of 2019. In May of that year the heat/air entire unit went out. what can I do?

I have been with no air all summer, do have window units but its now winter and I have 2 dogs that stays inside. there is no heat provided at all. The air ducts and installation is still not installed and its been like that since May 2019. At time of the lease signing everything was working.

Doak Willis
Doak Willis answered on Nov 4, 2019

You must contact the landlord in writing notifying him/her of the problem.Title 41 section 121 of the Oklahoma statutes can be read by you but says the following. C. Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, the landlord willfully or... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on
Q: I am being sued, and they said I was served but I wasn’t. Can this civil lawsuit be dropped on that basis?

The judgement was defaulted in the amount of $1550, since I didn’t appear because I wasn’t served at all.

Doak Willis
Doak Willis answered on Nov 4, 2019

Yes but you must file the necessary paperwork immediately and be ready to prove you were in fact not served.

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: I want to adopt my wife's 30 year old daughter. everyone involved wants this to happen. what cost is involved?

I'm in yukon ok, Canadian county

Doak Willis
Doak Willis answered on Nov 4, 2019

Paying an attorney for the adoption which runs anywhere from $1500 plus court costs up to whatever the market where you live charges.

1 Answer | Asked in Family Law for Oklahoma on
Q: How would a teen get emancipated?

Child’s parent is too hard upon child.

Doak Willis
Doak Willis answered on Nov 4, 2019

Just because a parent is too hard on a child is not sufficient grounds to emancipate a child. There are statutory prerequisites that must be met before a petition can be filed on behalf of a child for emancipation. You need to hire an attorney to speak to him/her about the requirements and have... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Where is the formal petition for termination of guardian?

Biological father wants to dissolve a guardianship

Doak Willis
Doak Willis answered on Nov 4, 2019

There is no formal petition to terminate a guardianship. A motion must be filed along with an order for hearing which must be served upon the guardian to terminate the guardianship. The reason and purpose that the guardianship was created for on the ward must be shown at that hearing as having been... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: if the mother has made false accusations about the father, is it grounds for termination of his rights? what to do next?

the father is being treated as if his rights have been terminated, based on false info from the mother, who has failed to comply with the courts & has been unconfronted by the courts for non compliance. meanwhile, father is denied visitation etc. **this is for oklahoma not new mexico**

Doak Willis
Doak Willis answered on Nov 4, 2019

Get an attorney immediately to rectify this situation. You will need an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: 60/40 is the plan. He only typically has them every other weekend. I want to change the custody. He won’t agree.

He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »

Doak Willis
Doak Willis answered on Nov 4, 2019

You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.

1 Answer | Asked in Family Law for Oklahoma on
Q: I would like to pursue a petition to request guardianship for an adult must an attorney create that

I am a senior citizen on limited income

Doak Willis
Doak Willis answered on Nov 4, 2019

Unless you know how to create the necessary documents that must be filed in court and served upon the ward, then you will need an attorney.

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