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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Oklahoma on
Q: In Oklahoma, unmarried father takes off and disappears with child. Is this kidnapping? If no, what is it?

Child is born out of wedlock and father has not been adjudicated by court yet. Father takes off the child and secrets the child away from the mother

Brian Boeheim
Brian Boeheim answered on May 20, 2020

If the father has not been adjudicated as the father by the courts, then he has absolutely no rights. If he has taken the child, then it is kidnapping. I would call law enforcement.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: If I voluntarily turn my children over to dhs, will I be charged with anything?

Homeless, carless, jobless living in a hotel with 3 children. Having a hard time supporting them. All 3 have adhd and odd. 1 has autism. I don't want to give them up but I don't see any other way. Family is unwilling to help. Don't get food stamps or tanf. Have applied for both.... Read more »

Brian Boeheim
Brian Boeheim answered on May 16, 2020

You are clearly in a tough position, and you want to provide the best future for your children. From a purely legal point of view, I would suggest you act out to Family and Children Services and set up an appointment to see what services they may be able to provide. If the services they would be... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: What happens at a disposition hearing, is the case resolved (Final decree entered) and closed, or dismissed to refile?
Brian Boeheim
Brian Boeheim answered on May 15, 2020

Not really sure what you mean by a disposition hearing. If there is an agreed decree then a disposition hearing is nothing more then the Judge taking testimony that a divorce is what everyone wants. If there is any type of dispute to property, custody, or spousal support then it will be a trial.... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: If a child is born out of wedlock in the state of Oklahoma who does the child reside with until their is a court order?
Brian Boeheim
Brian Boeheim answered on May 13, 2020

Mother unless there is DHS concern for the child's safety.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I run away at 17 I live in a house where I have been physically and mentally abused for years and im wanting to leav
Brian Boeheim
Brian Boeheim answered on May 10, 2020

I believe I have answered this questions before. Your parents can report you as a runaway. They are liable for you until you reach 18 and they could face child neglect charges if they didn't report you. On the other hand, if you are in danger and are being physically abused, you can call... Read more »

1 Answer | Asked in Child Custody, Family Law and Native American Law for Oklahoma on
Q: Is it legal for a custodial parent and the supervised visit people to not let u see ur child even tho its in ur courtord

Is it legal for the custodial parent and the supervised visit people to not let u see ur child on a day that u have a Court order saying u r supposed to be allowed 2 2hr visits every week as long as u schedule the visit by wed of the week prior.

I did schedule the visit a head and it was... Read more »

Brian Boeheim
Brian Boeheim answered on May 9, 2020

Sad to say, this happens more often then you think. Have your attorney, or hire an aggressive family law attorney to file motions to enforce visitation or compel them to follow the court ordered visitation. If you you need help, please feel free to give us a call for a free consult.

2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: If non custodial parent refuses to bring kids back to my town, what can I do? Kidnapping charges?

Our papers state he picks them up from me and drops them off to me. I have full sole primary custody of our two boys! He is refusing to drive to my town and drop them off now because he is now engaged! He wants to still run me over!

Brian Boeheim
Brian Boeheim answered on May 3, 2020

You need a writ of assistance or writ of habeous to enforce you custody order. If he is out of State then there is another step, but all of these can be dealt with swiftly with an attorney. He will also very likely have to pay the attorneys fees under the circumstances listed in your question.

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1 Answer | Asked in Child Custody, Child Support, Family Law and Tax Law for Oklahoma on
Q: Wife and I separated, she moved her and kids out to Cali before we established custody. We filed taxes married jointly

She had the money direct deposited into her account and is refusing to give me my half. She does have a PO against me but I am suppose to have supervised visits and talk to my twice a day and am not getting that.

Brian Boeheim
Brian Boeheim answered on Apr 19, 2020

The first question is whether you and your wife are legally separated or just don't live together? If it is a legal separation, then you have some legs to stand on, but if it is not filed then you may have some trouble. Because you used the terms supervised visitation, that gives me the... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Plus I don't question my brother is in a situation where his son's mom I took him over state lines to Missouri DHS took

My brother's son was taken over state lines to Missouri or DHS has taking my brother's son but the mother over state lines without my brother's knowing our permission DHS didn't contact him or anything. How dose he go about getting his son back?

Pete David Louden
Pete David Louden answered on Apr 17, 2020

Depends on factors such as if the parents are married or if there is an existing custody order. First step would be for him to have a private consultation with an attorney. Once an attorney has a complete picture of what is going on they will then be able to tell him what he needs to do.

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2 Answers | Asked in Child Custody for Oklahoma on
Q: Im 17 I want to live with my biological father but I live with my stepdad can I leave without asking my stepfather
Pete David Louden
Pete David Louden answered on Apr 8, 2020

You would need to discuss this with your custodial parent / legal guardian.

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2 Answers | Asked in Child Custody, Divorce, Family Law and Civil Rights for Oklahoma on
Q: Pro se defense child custody case all claims evidence documents reports to support claims available to both parties?

All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.

Pete David Louden
Pete David Louden answered on Apr 7, 2020

The same information would be available provided the pro se party knows the proper steps to obtain the information.

The court will hold a pro se party to the same standard as a licensed attorney so the pro se party would need to ensure that they have the same knowledge of case...
Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: My sons ex won't allow any communication and visits from him. She is in Oklahoma he in Arkansas anyone pro Bono please.

My sons mom is remarried and wants her husband to adopt her so she is keeping her away from him not only because she has to be in control always but because she has always gotten mad at my son and myself or her own mom and as a form to punish us she keeps my grandbaby hostage and uses her as a tool... Read more »

Pete David Louden
Pete David Louden answered on Mar 15, 2020

This sounds like a very high conflict case. He needs an attorney with specific experience in high conflict cases. The best attorneys for a case like this are in high demand.

You are right that he needs to act very quickly. The court will likely question why this has go on for nine months...
Read more »

1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Oklahoma on
Q: My 16 year old son wants visitation with me and I'm not legally his father, only biological and the mother says no

I have a 16 year old son that has a different man on his birth certificate. I know he is mine but not on paper. I am regular in his life and help support him with things he needs. His mother won't let me see him all of a sudden but he wants to see me. What can we do? Can he just leave home and... Read more »

Pete David Louden
Pete David Louden answered on Mar 14, 2020

I think your best bet is going to be to get the child's mother to agree to visitation. There is a very limited time window to challenge paternity, typically no more than two years. You can meet with an attorney for a consultation to discuss the specific facts of your case.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can my roommates ex wife order me to take a drug test?

My friend is wanting to move in with me but his malicious ex wife says if he does, she can court order me to take a drug test and it would hurt my friend in the courts eyes with his child if I fail.

Brian Boeheim
Brian Boeheim answered on Mar 12, 2020

In a way, yes. Anyone who is potentially in a supervisory role of the minor children in question can be vetted. This means that if the children would be under your care, it is within the Courts power to request a drug test before you take on that role. With that said, I believe almost any judge... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: I chose to stay with the wrong parent, what do i do? im 17 years old and made this decision at 15. my household is toxic

my parents went to court for me and my little sister. unfortunately i chose to stay with my dad for the wrong reasons and he doesnt take my mental health as seriously as my mom and continues to put me in the middle & treats me like im a burden. my dad only wants me to stay so he doesnt have to... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 12, 2020

First, at 18 years of age you are no longer under the order of the Court, so you can live where you want. If you can't wait, then have your mother's attorney ask for a guardian-at-litem to be appointed to advise the court as to what is in your best interest. If you are in Tulsa County... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: My son's mom moved out of state with him failing to do it as set forth in the order. could I still file in court here
Brian Boeheim
Brian Boeheim answered on Mar 3, 2020

If she moved in violation to the relocation clause, that is in just about every decree and paternity order, you can file a motion to compel her to come back. If she fails, then you can file a motion for contempt. If you need help with this, we would be happy to help...Boeheim Freeman Law -... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: What to do when guardian abandons child, leaving child in unstable environments
Brian Boeheim
Brian Boeheim answered on Feb 29, 2020

File a motion for an emergency modification of the guardianship. If this is in Tulsa or the surrounding counties, and you need help with this please feel free to give us a call. 918-884-7791 Boeheim Freeman Law.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t... Read more »

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

No. There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

If you ever get married again and your husband wants to adopt the child the child may be eligible for...
Read more »

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1 Answer | Asked in Child Custody for Oklahoma on
Q: Can I get emergency custody of my kids if my estranged husband’s fiancé filed a protective order on her exhusband?

We’re currently in the pre-trial phase of our divorce/custody battle. My ex is a narcissist who is fighting for sole custody for control purposes only. I recently found that his fiancé filed a protective order (for her and her 4 children) against her exhusband for threats that he had made... Read more »

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

Maybe, if you can meet the legal standard for an emergency order. Meet with an attorney so they can evaluate your case and explain your options.

1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on
Q: Is there a way to terminate rights of a non custodial parent who pays child support through garnishment?

He has not seen the kids regularly since july 2014. He saw them once in June 2015 and once in July 2016. I have been told that because he “pays” child support even if it’s because he is garnished I can’t take his rights away. I am remarried and my husband wants to adopt them

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

What you were told is not exactly true. The statute states that a child may adopted without consent if the non-custodial parent has not provided financial support in 12 or the past 14 months ... OR ... has not made reasonable effort in the past 12 of the previous 14 months to establish or maintain... Read more »

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