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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Criminal Law and Family Law for Oklahoma on
Q: How likely would someone in OK with a pending resisting/public intox charge be taken off monitored child visitations?

My ex and I entered into a temporary visitation agreement. He has is currently supposed to be monitored by his mother to see the kids, but is asking to have the monitored visits lifted. He and his live in girlfriend both were recently arrested for public intox and he was arrested for resisting... Read more »

Brian Boeheim
Brian Boeheim answered on Aug 2, 2020

The public intoxication charge is the real issue. It shows that he is not capable of controlling his addiction. Having him kept on monitored visitation seems reasonable. I would even suggest supervised visitation might be in order. I think an example of greater self control would be needed... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Oklahoma on
Q: I have a 14 year old son who smokes marijuana in my house all day

Involved in shoot outs, has gotten physical with me curse me out cost me my job and the cops won't do anything about it all I keep hearing is he my child and I can't kick him out. What can I do with him being 14yrs old

Pete David Louden
Pete David Louden answered on Aug 1, 2020

If this young man thinks he does not have to listen to you then one option is to take action that gets his attention such as send him to military school.

1 Answer | Asked in Child Custody for Oklahoma on
Q: child was supposed to be dropped off 8:00am Monday morning. lawyers office call informed an emergency po was being filed

Received call Monday evening that an emergency po was being filed against me? Have not received any information regarding, and have not been able to have any contact with my child. There is a court order in place. Who do I call to get my child back?

Pete David Louden
Pete David Louden answered on Jul 21, 2020

Call an attorney in your local area to help you defend the emergency proceedings.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What does my brother have to do to keep his son

He had restraining orders against his ex wife and her family bc she chose her man over her son and she lives with her family who lets their son live with them even tho he threatened them more than once and he touched my brother son and her got a judge to drop the restraining orders

Pete David Louden
Pete David Louden answered on Jul 6, 2020

If there is not currently a custody order he needs to hire an attorney to help him file a Petition for custody. The court will then establish custody, visitation, and child support.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: If I run away at 17 can a police officer legally bring me home

I’m 16 about to turn 17 and I’m ready to live on my own away from my parents

Pete David Louden
Pete David Louden answered on Jun 28, 2020

Yes.

1 Answer | Asked in Adoption and Child Custody for Oklahoma on
Q: Can a child that has been adopted by a family member due to the parents right terminated decide where she wants to live

She is fixing to be 16. I lost my rights and my sister adopted her but now my sister wants to dump her off at job cor in Guthrie and my 16 wants to live with me. Can she decide to leave my sister house even though my sister is her legal guardian or can my sister just dump her off somewhere else... Read more »

Brian Boeheim
Brian Boeheim answered on Jun 28, 2020

As the adoptive parent, your sister has all of the rights. You daughter may claim emancipation, if she can demonstrate she can live on her own and manage her own finances. She also needs to show that it is in her best interest to no longer have a guardian.

1 Answer | Asked in Child Custody for Oklahoma on
Q: My daughter has sole custody of her daughter. The dad has to have supervised visitation. She will be 9 in October.

She last saw him when she turned 3. There has been no contact what so ever since that day. He only pays child support when he is working, thru DHS. Is she able to terminate his rights?

Brian Boeheim
Brian Boeheim answered on Jun 26, 2020

If she has sole legal and physical custody there is very little reason to terminate his rights. If she has a new husband that wants to adopt the minor child, then you can request an AWOC (adoption without consent) hearing where the dad would have to demonstrate that he has made attempts to have a... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My stepdaughter wants to live with her dad and I. She is 14 and will be 15 in October. Is there any hope in getting her?

Her step dad is emotionally abusive to her. There are 6 children in the home two of them are my husbands children. His son wants to stay with his mother but daughter has been asking to live with us since age 5.

Pete David Louden
Pete David Louden answered on Jun 25, 2020

If there actually is abuse in the home AND it can be proven, yes. You will need to hire an attorney to file a motion to modify.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My parents got permeant Guardianship of my kids. It's been 2 yrs now. Is there any chance of getting full custody of my

I completed my ISP. When I was court order to do so. My step mother works for dhs. I feel like she influenced the out come over that court case with other co-workers who was handling my case

Brian Boeheim
Brian Boeheim answered on Jun 16, 2020

I am sorry, but I would need more information on your case to be able to effectively answer your question. If you had an ISP then it would lend itself to the Courts desire to reunify, but as I said, I would need more information. Please feel free to call and set up a free consult on the matter.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Our grandson is 14 his parents are divorced he wants to live with us his mother says that we aren't going to raise him

What do we have to do to make it where he can stay with us we live in Oklahoma

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

You would need the consent of both parents or be able to prove both parents are unfit which is a very high legal standard.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: My 15 year old daughter would like to live with her grandmother. How do i give her authority to enroll her in school?

I am for this idea because my mother is like a second mother to her. How do i allow her to enroll her in school and take her to the doctor without transferring custody or going to court?

Brian Boeheim
Brian Boeheim answered on Jun 11, 2020

The easiest way would be to give her Temporary Power of Attorney. It is just a short document outlining what your mother has the right to decide for your daughter. School/Medical/Financial/Religion. Shouldn't cost overmuch to have an attorney draw up for you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Should the stimulus be split between parents with 50/50 custody?

My divorce finalized in February 2020. We filed our 2019 taxes separately and my ex claimed our son. I will be able to claim him in 2020. We have 50/50 custody and split all expenses evenly. We do not have child support either direction. Because my ex claimed him in 2019, the stimulus money for our... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

I wonder what your divorce decree and child custody and support orders say as the provisions of those documents might provide some guidance as to your options. Its probably best to ask your divorce attorney. Generally speaking, I'm not sure there is much you can do that wouldn't cost... Read more »

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 »

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