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Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: Can regain your parental rights after your rights have been terminated?

I had my rights terminated when my daughter was 3 now she's 15 almost 16 and is having issues in the home with her adopted parents and I was wondering if there's anything I can do get my rights back?

James L. Arrasmith
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answered on Feb 25, 2024

In Oklahoma, once parental rights have been terminated, the decision is generally considered final and irreversible. This means that the legal relationship between a parent and a child is permanently severed, making it extremely challenging to regain parental rights after termination. However, each... View More

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Native American Law for Oklahoma on
Q: Can a parent choose to not enroll an eligible child in a tribe-specifically Kiowa-? What are parental rights here?

Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More

James L. Arrasmith
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answered on Feb 4, 2024

In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More

1 Answer | Asked in Domestic Violence, Family Law, Native American Law and Child Custody for Oklahoma on
Q: Can a non-native father OBJECT to the enrollment of his child(5) and the transfer of child custody case to Tribal&ICWA?

The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More

James L. Arrasmith
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answered on Feb 4, 2024

In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: In Oklahoma, a child out of wedlock and there is no custody order in place, can either parent keep child away from them?

Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ?

James L. Arrasmith
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answered on Dec 24, 2023

In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: In OK if a child is in an auto accident with a foster family, is parent who still has rights able to get accident report

The parent maintains parental rights and would like a copy of the police report.

T. Augustus Claus
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answered on Aug 22, 2023

In Oklahoma, if a child who is under the care of a foster family is involved in an auto accident, the parent who still retains parental rights may have the legal right to obtain the accident report. Typically, parents have the right to access information related to their child's well-being and... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: I have a friend that has a baby mama that is withholding him from seeing his child though he has custody is that legal?

There is no court order for this and they are trying to bribe him with 5k to sign his rights over even though he wants to see his son is this legal

Pete David Louden
Pete David Louden
answered on Aug 16, 2023

If he has custody and the other parent is withholding the child, he needs to quickly take legal action to enforce the court order. The court can only help him if he is takes the proper steps to bring this matter to court.

Best of luck!

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: I have a friend that has a baby mama that is withholding him from seeing his child though he has custody is that legal?

There is no court order for this and they are trying to bribe him with 5k to sign his rights over even though he wants to see his son is this legal

T. Augustus Claus
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answered on Aug 16, 2023

If your friend's baby mama is not complying with the custody order, your friend may need to take legal action to enforce the order and ensure he can spend time with his child as outlined in the court-approved arrangement. This might involve going back to court and seeking enforcement of the... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Marriage in 2006, have not lived or been together since 07-08, my children aren't his, do they need mentioned in papers?

I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and... View More

Pete David Louden
Pete David Louden
answered on Aug 12, 2023

If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly.... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: filling a divorce but have been separated. talked about moving in with new partner Spouse and I have kids any problems?

Any problem with moving in with new partner?

T. Augustus Claus
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answered on Aug 9, 2023

In Oklahoma, divorce laws can vary, and the impact of moving in with a new partner while going through a divorce could potentially affect matters like child custody, property division, and spousal support.

If you and your spouse have children, moving in with a new partner could potentially...
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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I need motion of contempt. Motion for drug test to show as positive. Motion for judge to follow rules and procedures

I don't know where to find or how to draft. Unable to retain lawyer. But judge isn't following proper procedures, opposing counsel allowed to make hearings without motions per decree. Contempt motions. Motion for refused drug test to show as positive. And more..but where do I find these?... View More

Charles Watts
Charles Watts
answered on Jun 15, 2023

It is unfortunate that you feel the judge is ignoring procedure and the opposing party is getting away with things you do not agree with. You will not find any such forms here. This is a forum to get general answers to questions. I am not sure why you are unable to retain an attorney, but if you... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: how do i get a divorce court moved to another state due to conflict of interest?

my ex is an attorney in the court that we were divorced in. He is well known in the county and state that the divorce took place in. Im unable to pay for an attorney nor have i been able to get help from legal aid in this matter. I live in missouri now and I want the divorce court to be move to... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

There is no law that allows a divorce court or case to be transferred from one state to another. Each state has its own divorce courts. Once a divorce case has been properly began in one state, that state retains jurisdiction through the entry of the final decree. It sounds to me from your... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
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answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... View More

1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2023

Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how...
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1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma on
Q: If a mother filed charges on the father for child abuse with injury and decides to drop the charges what are the

consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?

Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2023

This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my child father to my current boyfriend before my child?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

A non-custodial parent can take a custodial parent back to court to modify custody or to modify the terms and conditions of possession at any time until the child reaches 18 years of age.

Any such case will be adjudicated based on the facts and circumstances proven by the admissible...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: My cousin is wanting to give me her unborn child because her and her husband are unable to care for her.

They are in AZ but willing to come to Oklahoma to have the baby. Where do I start? How do I bring home the baby when she is born

Charles Watts
Charles Watts
answered on Mar 10, 2023

If she comes here to have the baby then you will most likely avoid the legal issues of multiple states and thus making it easier and cheaper for you. Kinship adoptions are a fairly simple procedure and most adoption attorneys can assist you and most of us will give a free phone consult to make sure... View More

1 Answer | Asked in Divorce, Adoption, Child Custody and Child Support for Oklahoma on
Q: In Oklahoma, I am the custodial parent, I have been married to my wife for 3 years we have been together since 2018.

The non custodial has been absent since 2017 and paid child support only one time in dec 2020 is my wife able to adopt my daughter? The non custodial parent lost her rights in court and has failed to cover her part of support and has had little to no contact over the last 6 years.

Charles Watts
Charles Watts
answered on Mar 3, 2023

Step parent adoptions are very common and to answer your question, and based on your given facts, probably yes. There are some avenues we often pursue to get that permitted through the courts. This is not something you will want to do on your own if you suspect resistance. Contact an adoption... View More

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Charles Watts
Charles Watts
answered on Dec 23, 2022

As both my colleagues have indicated - there is a potential to have this resolved. You will need an attorney to help you fight. There is always more facts that come out once the paperwork is all in front of the attorney. However, an action can be filed that establishes custody (joint, full, equal,... View More

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