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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

1 Answer | Asked in Adoption and Child Custody for Oklahoma on
Q: Can my adoption parents give me to another family.

i get thretend and im not loved as much asi would like and i dont get treated right.

Charles Watts
Charles Watts answered on Sep 15, 2021

Children (minors) cannot just be given away legally, more specifically the parental rights still remain with the parent. There are legal avenues that can be taken.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Oklahoma on
Q: Okay I’m 17 and I’m wanting to date this 20 year old I’ve been talking to I want to know how I can get It legal

Okay he’s 20 And I’m in the dhs system but live with my grandma I want to know if there is anyway I can get consent from the person I’m staying with and a price of paper signed and legalized to state we are allowed to date and get rule and boundary so we don’t get into trouble we are not... Read more »

Pete David Louden
Pete David Louden answered on Sep 12, 2021

You would have to discuss this with your legal guardian.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is a protective order case the right venue to file an indirect contempt of court?

When emergency protective order was made, the petitioner added special condition that once a week the defendant would receive a phone call from a restricted number to be able to speak with minor child. The petitioner has only called twice in a year.

Pete David Louden
Pete David Louden answered on Sep 7, 2021

I think your first step is to have an attorney review what you have. If there is no existing custody order, your next step should be to obtain an initial custody determination in the District Court. Then, that order can be enforced. Hire an attorney to help you get this done.

Best of luck.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do I have sole custody of my son since our paternity case was closed due to inactivity and we were never married?

We had a temporary order put into place for a 2-2-3 schedule. After that was put into place my sons father stopped doing anything with the courts and it was recently closed due to inactivity. On OSCN it says count 1 and party as my name where it shows the judge closed the case. He is the one who... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

You should consult with a family law attorney. Most will give a free consult and that may be all you need. However, it may require a little more than the consult in order to determine the relevant information in your case. There is a chance you have sole custody for now but that doesn’t mean it... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Oklahoma on
Q: If a judge granted a protection order knowing venue was in another county 22-60.3(D) is the default judgment void?

a paternity/custody case was pending between two parties when the mother filed for a protective order in another county. At the final hearing the judge set a review hearing con't the emergency order and transferred it to the county with the pending case. The judge there wouldn't hear the... Read more »

Pete David Louden
Pete David Louden answered on Sep 7, 2021

It appears this question has been asked and answered on this site and others. The answers appear to be consistent. Please refer to previous answers.

Best of luck!

1 Answer | Asked in Child Custody, Family Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Is there is remedy or justice available out there other than Legal Aid for people who have been screwed over

I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.

Anna L Self
Anna L Self answered on Sep 1, 2021

Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.

There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...
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1 Answer | Asked in Child Custody for Oklahoma on
Q: If I have filed within the court to terminate guardianship of my minor child has been signed by the judge can i pick up

Juge signed can i pick up my daughter

Anna L Self
Anna L Self answered on Aug 27, 2021

You don't say whether there has been a hearing or not. Normally when you file to terminate guardianship there is a court hearing after the Motion to Terminate is filed and notice is given to the party that is the current guardian. However, if the current guardian has signed their approval to... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Judge transfers an emergency protective order to another county then sets a court date for a review is that an error?

At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order... Read more »

Anna L Self
Anna L Self answered on Aug 26, 2021

Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so... Read more »

3 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I request supervised visitation for my ex when filing for divorce?

She is mentally I'll, drug abuse, over doses, violent, reckless

Pete David Louden
Pete David Louden answered on Aug 23, 2021

Just explain the situation and your reasons for the request to your attorney and the attorney will know how to make the request in your pleadings.

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: For a step parent to adopt the child do the step parent an biological parent have to be married?

Even tho the Step parent and biological parent has been together for almost 6 years

Anna L Self
Anna L Self answered on Aug 19, 2021

Yes, he/she is not a step parent unless you are married.

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: He can still get custody an visitation even tho he abandoned the child for 6 months?

Son's dad moved to Florida only met my son for ten minutes. Has no bond with him hasn't helped support him an now wants to be involved is that not child abandonment can his rights not be terminated?

Charles Watts
Charles Watts answered on Aug 19, 2021

Unless there is a court order stating otherwise then it is still his son and he has rights. As far as the second part of your question in terminating his rights - there are two ways to terminate a parents rights and both require the role to be filled by another. 1) is a step parent adoption, or 2)... Read more »

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1 Answer | Asked in Child Custody for Oklahoma on
Q: Can a father be absent for 6 months has no bond with child an hasn't supported child get rights still?

Sons dad met him one time for ten minutes right after he was born. He moved to Florida an hasn't seen him since. He's now 7 months old an the dad is demanding that my son goes to Florida in March with out me an wants his social. An sent 50$ through cash app today for child support an has... Read more »

Pete David Louden
Pete David Louden answered on Aug 19, 2021

Yes, the father can file a Paternity action and request the court to enter a custody, visitation, and child support order. The court will award custody and visitation based on what the court determines to be in the best interest of the child. Child support will be based off the gross income of both... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: Can I move out of my toxic parents environment 3 months before turning 18?

The family willing to let me stay with them, would help me get my car back, get a job and help me with an apartment. And my biological family said I could leave.

Anna L Self
Anna L Self answered on Aug 17, 2021

You could file a petition for emancipation with the court.

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can police issue a contempt ticket on spot if 6 yr old will not go with father for court ordered visit?

Mother makes the daughter feel bad for leaving her. So the daughter won't go with the father. Police have been involved but won't tear daughter from mother. Understandable, but it is court ordered. So, can the police issue a contempt ticket on spot or do we need to go to court?

Pete David Louden
Pete David Louden answered on Aug 17, 2021

I agree with the other attorneys. If it is your visitation that is being denied hire an attorney to enforce your visitation. There is a procedure that is much faster than contempt to enforce visitation order. Your attorney will be able to explain your options.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: If the father of your child signed the birth certificate and the waiver for paternity that means he is the father

He signed a waiver denying paternity also saying he know he is his through vital records what does that mean

Charles Watts
Charles Watts answered on Aug 15, 2021

Not sure your exact question but paternity issues can be very complex or very simple. Many factors come in to play, one being the birth certificate that you mentioned, the age of the child, etc…. You should contact an attorney to help you with this so that something is not missed.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If paternity derceee states this do I just give him that day or do I allow for second day if not stated?

Paternity decree states if father is in the area, he is allowed in person visits as long as he gives mother a 10 day notice. The visits will be supervised by mother and last three hours if parents can not decide on a time and there will be no more then two visits in one week. Father has asked for a... Read more »

Pete David Louden
Pete David Louden answered on Aug 12, 2021

An attorney would need to actually see your order before trying to give you specific advice. With that said and in general terms, if a parent comes from Oregon and wanted to visit two days while in Oklahoma, I would have to believe a court would find that to be a reasonable request.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: In oklahoma what rights do stepparents have
Anna L Self
Anna L Self answered on Aug 11, 2021

You have no legal rights as a step parent unless a Court Order states otherwise.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: What happens if multiple Writs of Habeas Corpus are granted in child custody case? This is the 2nd one to be filed.

There is an upcoming show cause hearing due to Judge granted the Writ of Habeas Corpus a 2nd time. Is there a punishment or charges he could be facing for not returning the kids to me?

Pete David Louden
Pete David Louden answered on Aug 9, 2021

A contempt citation might be an option and if he is found guilty he could have to pay your attorney fees. Consult with an attorney to discuss in more detail and explore your options.

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