Oklahoma Questions & Answers

Q: My ex told me we were divorced and I married my 2nd husband in Michigan, am I a bigamous? What can I do?

1 Answer | Asked in Native American Law and Divorce for Oklahoma on
Answered on Mar 24, 2017

I am assuming your first divorce was never completed. If so, you need to get formally divorced first to be lawfully married. Depending on where you are living, bigamy may require some intent and notice thus a prosecution for such is unlikely.
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Q: Native American foster children are being homeschooled in Ponotoc county Ok. Is this legal?

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Answered on Mar 24, 2017

To home school children, there must be some form of approval and review. If this is being done without any proper paperwork in place or at least in the process, the children and foster parents could be subjected to truancy laws.
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Q: Laws on revocation.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Answered on Mar 24, 2017

Based on your question, there would not be any jurisdiction over you and no crime. Is it possible that you had some unpaid fines and the suspended sentence was not discharged yet?
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Q: Is there any kind of question a judge or lawyer can ask you

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Social Security for Oklahoma on
Answered on Mar 24, 2017

The questions must be relevant and related to what the court must make as a finding. Some questions are designed to ensure that there is no fraud, and also to make a record in the event there is a denial.
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Q: A friend of mine who lives in CA got arrested in Canadian Co. OK for possession with intent to sell. The bail is $5000

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 24, 2017

You will have to pay the full amount unless you can find a bondsman willing to do it for less. Highly unlikely since he lives out of state. Might want to save that money to hire an attorney.
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Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Mar 23, 2017

If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money owed. The limit on a small claims action in Oklahoma is at $7,000.00. If your income is limited, you may want to contact Legal Aid or the law school closest to you may have a clinic to assist.
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Q: My girlfriends paralegal mother claims to have done a background check without my consent on me. We're in Oklahoma.

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Libel & Slander for Oklahoma on
Answered on Mar 21, 2017

A "background check" can be as simple as running your name on public data bases such as the Oklahoma Supreme Court Network (OSCN). If she used a private or government database, it could cost her job.
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Q: My woman was arrested for APC, resisting, n obstruction here in Allen ok. What is she looking at

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 21, 2017

If she has no criminal history and there was no violence involved, she may be eligible for a deferred sentence (probation). If she was under the influence of any drug or alcohol, her participation in a drug program immediately would be recommended.
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Q: can a local citizen be denied/banned to access of the courthouse without a due process hearing?

1 Answer | Asked in Gov & Administrative Law for Oklahoma on
Answered on Mar 20, 2017

It would certainly appear that the bailiff is out of line. I would suggest that you try to schedule an appointment with the Judge handling the case you are interested in to help resolve the issue. Failing that, you may want to contact the ACLU in OKC and see if they can help you.
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Q: Can a grandparent get guardianship of my child without serving me papers first?

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Answered on Mar 16, 2017

Yes, and no, and it depends. If this is a temporary emergency guardianship, yes, but you should get notice of additional hearing. Was your address unknown to the guardians? Have you moved around a lot?

Sorry you've not given enough facts for a better answer. You need to consult an attorney, and sooner the better.
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Q: My adult child is in ok APS custody due to not having mental ability to make decision. How can I get her in my custody

1 Answer | Asked in Family Law for Oklahoma on
Answered on Mar 16, 2017

I would start with discussing the situation with DHS case workers. They can be your best ally here. I'm sure they would like to see their ward placed in a loving environment. With you living out of state, it's a bit more complicated, but doable.
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Q: did a home insemination thinking we were going to Co parent..what can I do as the father

1 Answer | Asked in Family Law for Oklahoma on
Answered on Mar 16, 2017

See a Family Law attorney to file an action to establish your paternity. Your name can be placed on the birth certificate, and court ordered visitation schedule made. The court will also order child support, and provide for medical benefits.

I also strongly urge that you get a DNA Paternity Test, just to be sure, considering mother's attitude.
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Q: If my spouse used a fake ss# when we married in 03 but was issued a new # in 2012 is my marriage legal?

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Answered on Mar 16, 2017

Yes, a fake Social Security number by itself would not make a marriage invalid.
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Q: In OK, if you are guardian to your grandkids & the GKs won't allow you to supervise or protect them, what can I do?

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Oklahoma on
Answered on Mar 16, 2017

Must be really hard on you. On the positive side, they are in a good environment now, and I would hope their custodians support your contact. I would guess they are older teen agers.

I would try taking to dinner on school night at a place they want to go to, and initially keeping it short. Then movies they want to see, even let them bring a friend. Afterward a nice snack, with discussion of the movie. Keep this short too.

Failing this, perhaps the Judge supervising the...
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Q: My husband pushed me. Can I have it documented with the police. I don't want to press charges or have him arrested.

2 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Answered on Mar 16, 2017

Generally, no. A simple push won't be considered as domestic violence by police, also, the incident
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Q: my child was sexually abused by her older step brother he is in a medical facility getting treatment but now the step

1 Answer | Asked in Family Law and Medical Malpractice for Oklahoma on
Answered on Mar 15, 2017

Not sure why the step mother is doing anything with your child. You need to assert your parental rights. Your daughter may benefit from EMDR treatment which is used for people with PTSD. You should talk to child protective services about the step mother's involvement.
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Q: I need help

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 15, 2017

Hire an attorney. Hire an attorney. Hire an attorney.
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Q: I have 2 felonines. 1 for false declaration of ownership and the other was for being on probation for writing 2 or more

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 7, 2017

No.

Did you get a conviction for them? Or did you get a deferred sentence? If you got a conviction, then the only way to get them off your record is to get a pardon first then an expungement. If you received a deferred sentence, then you can likely get those expunged without needing a pardon. Talk with an attorney who does expungements.
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Q: What can I do if someone threatened to kill me

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 7, 2017

You can go to the police or file a civil restraining order. I recommend the latter for sure.
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Q: Joint Tenancy Warranty Deed

2 Answers | Asked in Estate Planning for Oklahoma on
Answered on Mar 6, 2017

In order to be completely confident, I would need to examine the deed. Generally speaking, however, there are two methods for terminating a joint tenancy in Oklahoma. First, the surviving joint tenant(s) can petition the district court for an order terminating joint tenancy. Second, the surviving joint tenant(s) can file an affidavit in the county land records. For either option, I would recommend that you consult a knowledgeable attorney, as the the facts of your particular case may require...
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