Oklahoma Child Custody Questions & Answers
Q: What are the laws of audio and video inside your house of children being envolved or people walking in your house.
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Securities Law
for
Oklahoma
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Pete David Louden's answer
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.
Q: How do i get my kids back the judge gave her other 30 days to get more evidence against me and they have cameras
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Education Law
for
Oklahoma
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Pete David Louden's answer
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.
Q: The baby daddy won't let the mother see or talk to the daughter and they have no custody agreement and are not married
Doak Willis' answer
If the child resides in Oklahoma the law states that the mother of the child has custody until the father of the child is determined by paternity testing. The mother needs to hire an attorney now to possible get the child returned to her until parentage is determined through a paternity proceeding.
If the child resides in Oklahoma the law states that the mother of the child has custody until the father of the child is determined by paternity testing. The mother needs to hire an attorney now to possible get the child returned to her until parentage is determined through a paternity proceeding.
Q: My ex-wife is dying. Am I within my legal right to pick him up from her sister upon her death and assume custody ?
Pete David Louden's answer
The better way to do this to avoid any issues is to do a custody modification. You son is old enough to has his wishes considered by the court. Hire an attorney to help you.
The better way to do this to avoid any issues is to do a custody modification. You son is old enough to has his wishes considered by the court. Hire an attorney to help you.
Q: My first cousin got emergency custody of my 4 kids. How do i get them back she will not give my kids back.
Kyle Persaud's answer
The judge should give you a hearing within ten days of granting emergency custody to your cousin. At the hearing, argue why custody should be returned to you.
For a nonparent to gain custody, the non parent has the burden of proof.
The nonparent must prove that you are unfit.
If the nonparent can't prove you are unfit, the judge should return the children to you.
The judge should give you a hearing within ten days of granting emergency custody to your cousin. At the hearing, argue why custody should be returned to you.
For a nonparent to gain custody, the non parent has the burden of proof.
The nonparent must prove that you are unfit.
If the nonparent can't prove you are unfit, the judge should return the children to you.
Q: Can an 18 yr. old still attending in high school relocate with divorced parent without permission of the court?
Kyle Persaud's answer
When he's 18, he's no longer under the jurisdiction of the court, for custody purposes.
When he's 18, he's no longer under the jurisdiction of the court, for custody purposes.
Q: My daughter and her baby daddy split up he ran off with the child and we are unable to get ahold of anyone to tell us
Kyle Persaud's answer
Contact law enforcement. Show them a copy of the custody order, tell them father is in violation of it.
You will also need to ask the Court to enforce visitation. You also should probably ask the Court to grant custody to the mother.
You have not given me enough details for me to know whether you should file your motion in Louisiana court, or in a court of another state. In general, a court that made the custody determination (in this case, the Louisiana court) would have...
Contact law enforcement. Show them a copy of the custody order, tell them father is in violation of it.
You will also need to ask the Court to enforce visitation. You also should probably ask the Court to grant custody to the mother.
You have not given me enough details for me to know whether you should file your motion in Louisiana court, or in a court of another state. In general, a court that made the custody determination (in this case, the Louisiana court) would have...
Q: I asked a question yesterday about custody of my son I believe it was Kyle persaud, he asked if I was mother or father
Kyle Persaud's answer
If you are the mother, then, yes, the grandmother was required to give you notice before she can take your son.
Yesterday I cited the U.S. Supreme Court case of Armstrong v. Manzo. There, the Court said:
"In disposing of the first issue, there is no occasion to linger long. It is clear that failure to give the petitioner notice of the pending ... proceedings violated the most rudimentary demands of due process of law. "Many controversies have raged about the cryptic and abstract...
If you are the mother, then, yes, the grandmother was required to give you notice before she can take your son.
Yesterday I cited the U.S. Supreme Court case of Armstrong v. Manzo. There, the Court said:
"In disposing of the first issue, there is no occasion to linger long. It is clear that failure to give the petitioner notice of the pending ... proceedings violated the most rudimentary demands of due process of law. "Many controversies have raged about the cryptic and abstract...
Q: Can a 16 year old almost 17 move out of their parents home legally? Is the parent responsible for any trouble they cause
1 Answer
| Asked
in
Family Law, Child Custody and Civil Rights
for
Oklahoma
on
Answered on Mar 31, 2019
Answered on Mar 31, 2019
Doak Willis' answer
There is no legal method of allowing your daughter to move out on her own. However, many children that age do so and DHS is reluctant to get involved. As for you being liable for trouble she may cause, there is that possibility that you could indeed be held liable for her tortious actions.
There is no legal method of allowing your daughter to move out on her own. However, many children that age do so and DHS is reluctant to get involved. As for you being liable for trouble she may cause, there is that possibility that you could indeed be held liable for her tortious actions.
Q: Back in September the Judge in the County where I reside granted an Emergency
Doak Willis' answer
Yes in Oklahoma when you move a certain number of miles from the Jurisdiction where you were divorced you must give some detailed notice and there is a time limitation also before you can move. Go see an attorney to do it right.
Yes in Oklahoma when you move a certain number of miles from the Jurisdiction where you were divorced you must give some detailed notice and there is a time limitation also before you can move. Go see an attorney to do it right.
Q: I have full legal and physical custody of my child. Would I get in trouble if I move states for a better job?
Kyle Persaud's answer
If you move a distance of more than 75 miles, you have to notify your ex at least 60 days before you move. If your ex does not file a written objection in court within 30 days of receiving the notice, you can move.
If your ex files a written objection in court, the court will hold a hearing on whether you can move. At your hearing, you can present evidence that your ex does not have a relationship with the child, and this can weigh in favor of the court allowing you to move.
If you move a distance of more than 75 miles, you have to notify your ex at least 60 days before you move. If your ex does not file a written objection in court within 30 days of receiving the notice, you can move.
If your ex files a written objection in court, the court will hold a hearing on whether you can move. At your hearing, you can present evidence that your ex does not have a relationship with the child, and this can weigh in favor of the court allowing you to move.
Q: How does false aligations work to get custody of a child?
Pete David Louden's answer
Sorry to hear you are having this issue. The way to address this is to hire an attorney to help you prove in court the allegations are false.
Sorry to hear you are having this issue. The way to address this is to hire an attorney to help you prove in court the allegations are false.
Q: I'm the guardian of my 2 nieces.The dad is the est. father of 1, not the other. Are visits reqr'd for the non est child?
1 Answer
| Asked
in
Adoption, Child Custody, Child Support and Probate
for
Oklahoma
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kyle Persaud's answer
Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.
If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the man is adjudicated the father, the court could give him visitation rights.
Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.
If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the man is adjudicated the father, the court could give him visitation rights.
Q: How can I modify support? They took $4 shy of 50% of my income and i have no access to the child! Not very fair.
Kyle Persaud's answer
To modify child support, file a motion to modify child support, in court.
It is legal for them to take child support from you and not let you see your child.
To get visitation with your child, file a motion to modify custody and visitation.
To modify child support, file a motion to modify child support, in court.
It is legal for them to take child support from you and not let you see your child.
To get visitation with your child, file a motion to modify custody and visitation.
Q: Can a side agreement be enforced due to "precedence" or does the decree stand if the verbal arrangement no longer works?
Doak Willis' answer
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.
Q: my sons father was awarded sole custody 2 years ago and since September he has giving them to me full time
Doak Willis' answer
You didn't ask a question. If you were wondering what you should do to get your children's custody returned to you then you would need to hire a good attorney to bring a modification of the Decree if indeed the facts surrounding your case rise to the legal threshold for a modification.
You didn't ask a question. If you were wondering what you should do to get your children's custody returned to you then you would need to hire a good attorney to bring a modification of the Decree if indeed the facts surrounding your case rise to the legal threshold for a modification.
Q: Who is financially responsible for the medical and dental of a minor child?
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
Oklahoma
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Doak Willis' answer
The child's parents are responsible for the medical and dental bills for their child. If divorced, the child support guidelines are used to determine the percentages and amounts that the parents are to be responsible for when the child incurs charges.
The child's parents are responsible for the medical and dental bills for their child. If divorced, the child support guidelines are used to determine the percentages and amounts that the parents are to be responsible for when the child incurs charges.
Q: Motion to modify custody filed & mailed to defendant's atty. Defendant hasn't filed a response. Do they still need to?
Doak Willis' answer
Unless the attorney agreed to accept service for his client you must first serve the defendant personally and not the attorney. If the attorney agreed to the service, you should file a motion for default judgment and get an order for hearing date set and file it with the motion and serve it on the attorney. If they don't show for that hearing, you will win by default.
Unless the attorney agreed to accept service for his client you must first serve the defendant personally and not the attorney. If the attorney agreed to the service, you should file a motion for default judgment and get an order for hearing date set and file it with the motion and serve it on the attorney. If they don't show for that hearing, you will win by default.
Q: I live in Oklahoma, my ex wife & I have joint custody but she is the custodial parent. She decided to move 2 hrs away
Pete David Louden's answer
If the children have been living with you and wish to stay in your home the process would be to modify your order. After reviewing your case an attorney can tell you how to get this done and your chance of success.
If the children have been living with you and wish to stay in your home the process would be to modify your order. After reviewing your case an attorney can tell you how to get this done and your chance of success.
Q: can i get back child support from my ex ? it was 04 and its stated he paid until she graduates and he stop 7 months
Doak Willis' answer
Yes. If the order states he is to pay child support until she is graduated from High School or up to 19 years of age and he quit before that time you can get an order for an the back due child support plus interest until it is paid.
Yes. If the order states he is to pay child support until she is graduated from High School or up to 19 years of age and he quit before that time you can get an order for an the back due child support plus interest until it is paid.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
