Oklahoma Questions & Answers

Q: My child in under temporary guardianship with a family member. I still have custody of him how can I get guardianship?

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Answered on Aug 28, 2016

If you have custody why was there a guardianship commenced unless there are allegations against you? In order to terminate a guardianship in Oklahoma, you must file a motion to terminate it setting out why the guardianship is no longer needed and showing that the reason the guardianship was granted in the first place that all issues causing the Court to find that a guardianship was needed have been resolved making a guardianship unneeded.
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Q: Does a PO over turn a visitation order?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Aug 28, 2016

No. A protective order does not amend a valid custody order, If a child is included on the protective order and the Judge grants the child a protective order against the other parent, you should seek and attorney to review your custody order and possibly file a motion to modify that custody order.
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Q: Is it illegal for a live in girlfriend to spank a 3 yr old when not given consent from the mother?

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Criminal Law for Oklahoma on
Answered on Aug 28, 2016

It is not against any statutory provision in Oklahoma for a live in girlfriend to spank a child absent consent. If the spankings are physically harmful to the child and there are marks showing these spankings, you should take pictures and have a professional examine the marks and get them on record. Contact your ex spouse and speak to him/her about this issue to see if you two can work out a non physical punishment if and when one is needed. Document the marks yourself if you ever must take the...
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Q: Live in Cleveland County, married in Oklahoma County, lived in Oklahoma County in the past, do I file in Cleveland or OK

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Answered on Aug 28, 2016

If your speaking about filing for a dissolution of your marriage the proper County to file in is the County in which you have resided for the last thirty days prior to the date you file your petition. You must be a resident of the State of Oklahoma for six months and the County in which you file your petition for at least thirty days prior to the filing of that petition.
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Q: I fell victim to a dirty cop planting evidence while serving a search warrant at my boyfriends apartment, the cop was

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Oklahoma on
Answered on Aug 28, 2016

From your facts it appears your ex had a hearing on his emergency custody petition and then full custody at a motion to modify hearing. I would think there was more testimony than just this bogus arrest that was had in Court in order for the Judge to modify the original custody order. The answer to your question is no they don't revert back to the old order merely on evidence coming to light showing it was bogus. You must hire an attorney to file a motion to modify that last order giving your...
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Q: my son hit a cow on the road is the owner libel?

1 Answer | Asked in Animal / Dog Law and Car Accidents for Oklahoma on
Answered on Aug 25, 2016

Owner of the cow should be liable. Ask for his insurance information. If son hurt, contact a member of the Ok. Assn for Justice--they give free consultations.
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Q: I make $51,000 a year. Can I still file chapter 7 since I am over the median income?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Aug 24, 2016

It is possible to qualify for a Chapter 7 even if you are above the median income. There is an additional portion of the Chapter 7 Means Test for debtors who are above median income that takes into consideration deductions for certain allowable living expenses, taxes, secured payments on certain debts and Court ordered payments like child support. You should meet with an experienced bankruptcy attorney who files both Chapter 7 and Chapter 13 consumer cases for a free initial consultation....
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Q: Hello men, my father an I are having an argument regarding the minor consumption of alcohol in private areas in Oklahoma

1 Answer | Asked in DUI / DWI and Juvenile Law for Oklahoma on
Answered on Aug 21, 2016

Wouldn't argue with them--under Oklahoma law they have to supervise any drinking you do. And what you drink has to be 3.2 or lower, and you can't have a significant blood alcohol level. https://alcoholpolicy.niaaa.nih.gov/APIS_State_Profile.html?state=OK
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Q: Needing information on why part of a cash settlement was locked away due to the receiver being a minor.

2 Answers | Asked in Family Law, Personal Injury, Car Accidents and Child Support for Oklahoma on
Answered on Aug 16, 2016

Sory, but thats the way courts are thrughout the US. for good reason. This way he'll have something to start education with after HS
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Q: What is the time limit and rules in Oklahoma for filing a second page (after former) on a new charge ...same crime.etc

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Aug 16, 2016

Your generic question is too broad to answer without going on for several pages. When it comes to sentence enhancements (after formers), there are different rules that apply depending on what prior convictions or deferred adjudications exist for a charged individual and with what an individual is currently charged. Domestic Abuse, Protective Order Violations, DUIs, Drug Charges, Sex Offenses, Child Abuse, and General Felonies are all treated differently.

Your example of a manslaughter...
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Q: My husband's nephew/family was going to lose their home so we stepped in and paid off the loan. It's in our name.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Oklahoma on
Answered on Aug 15, 2016

There are farm policies. You need to set boundaries on what they can do, have to do.
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Q: If an EOD was put on patient but days later told the intake form was falsified. They admitted at patient should of not

1 Answer | Asked in Medical Malpractice for Oklahoma on
Answered on Jul 30, 2016

Possible, but hospital has a right to rely on what they are told. Contact a member of the Ok. Trial Lawyers Assn--they give free consultations.
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Q: Is post prison supervision something every offender has to do when released from prison?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jul 22, 2016

All persons convicted and sentenced to imprisonment for state felonies in Oklahoma after November 1, 2012, are subject to nine (9) to twelve (12) months post-imprisonment supervision under the rules and conditions prescribed by the Oklahoma Department of Corrections. See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=466225
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Q: How do u find out if i have a trust fund that was set up for me when i 3 due to a car accident.

1 Answer | Asked in Car Accidents for Oklahoma on
Answered on Jul 18, 2016

Go to the courthouse.Look up any lawsuits under your name, your mom/dad/caretaker relatives name. Contact the attorney representing you at the time. Ask them. Also look to see if there was a "petition to authorize minor's compromise" or similar.

Look at that--that would list a bank. Last, do a google search under "unclaimed funds" and your name & state.
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Q: I changed my child's last name and had the court records sealed. What is the downside? How do I reverse this?

1 Answer | Asked in Civil Rights for Oklahoma on
Answered on Jul 8, 2016

Downsides may be depending on state, how birth records are kept, if they need a copy of the birth certificate etc, may be a problem for them. Seems to me they should be allowed to make that choice as an adult. You ask the court to reopen and have good reasons why you are flip-flopping. If you didn't have a lawyer when you did this first time consider getting one. If you did, why not talk to that lawyer.?
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Q: My insurance company offered me $25k for totaled car, when my car has NADA clean retail value of $30k. What should I do?

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Oklahoma on
Answered on Jun 29, 2016

Lawyers give free consultations. If it did that much damage you may have an injury but just want to say "Oh, my shoulder, that 's nothing..." then months later you get a rotator cuff. So contact a member of the OK Trial Lawyers Assn --they give free consults. Look at your policy--do you have more than 25k in coverage? Sounds to me if OK law is what you said, you should get more.
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Q: if I was convicted of a UUMV am I liable for the money the insurance company gave the owner? Car was undamaged, returned

1 Answer | Asked in Criminal Law, Insurance Defense, Car Accidents and Insurance Bad Faith for Oklahoma on
Answered on Jun 29, 2016

Presumably they have an appraisers report saying there was damage. You have to prove their wasn't. Won't be that easy.
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Q: Will i go to jail for switching a tag at walmart under $40?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jun 18, 2016

The information you have offered is too general to give a meaningful response. (And by no means should you put any more details or facts about your case on a public website).

You indicate that you received a ticket with a court date but did not indicate for what. I'm going to assume that it was a municipal court citation for larceny. Municipal offenses are generally easier to handle than state charges. However, switching UPC bar codes could be filed as a felony in Oklahoma. That...
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Q: How does oklahoma determine what county charges are filed in. Property was stolen in one county and recovered in anothe

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jun 15, 2016

Venue (where criminal charges can be properly filed) requires a connection of the crime to the county. In your scenario, venue for criminal charges could be in either county or both. The individual could be charged in the first county with larceny (or possibly burglary or robbery depending on the facts) and could also be charged in the second county with possessing/concealing stolen property.
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Q: What are the statute of limitations on 3rd dui leaving scene of accident where damage was done and eludin police?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jun 15, 2016

A statute of limitations requires the prosecutor to file charges within a certain period of time after the commission of a criminal offense. For DUI and eluding, the statute of limitations in Oklahoma requires the prosecutor to file charges within three (3) years. (See generally Oklahoma Statutes, Title 22, Section 152: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70298). The time counting towards the three (3) year period only accrues if the accused is in the state; if...
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