Oklahoma Child Custody Questions & Answers
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.
Q: Grandparent of my children asked to babysit while we remodeled and went to the court and filed for emergency cust.
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Probate
for
Oklahoma
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Doak Willis' answer
Immediately hire you an attorney who practices guardianship law and family law. Emergency guardianship may be hard to get by them unless they can show your children are in imminent danger to their health, safety, or possible death.
Immediately hire you an attorney who practices guardianship law and family law. Emergency guardianship may be hard to get by them unless they can show your children are in imminent danger to their health, safety, or possible death.
Q: What do I do if my 8 month old daughters dad requests to terminate his rights?
Pete David Louden's answer
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.
Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
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.
Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
Q: how do I keep the other party from moving our case to another county?
Pete David Louden's answer
First step is have an attorney review your case and they will then be able to tell you the best way to defend a transfer of venue.
First step is have an attorney review your case and they will then be able to tell you the best way to defend a transfer of venue.
Q: When filing a motion to modify custody in ok do I need a summons and complaint with the motion when they're served
Doak Willis' answer
You would need to have your motion to modify along with an order for hearing for the Judge assigned to the case to sign and give it a date for hearing. Once that is done, the motion and order for hearing are filed in the Court Clerks office and a copy of each of those documents is then served personally upon the other party.
You would need to have your motion to modify along with an order for hearing for the Judge assigned to the case to sign and give it a date for hearing. Once that is done, the motion and order for hearing are filed in the Court Clerks office and a copy of each of those documents is then served personally upon the other party.
Q: If kids are 13 and 15..do they have a choice where to go if mother dies and father becomes custodial parent?
Pete David Louden's answer
The preference of the children could be considered by the court and the boyfriend could try to file a guardianship. To get a guardianship over a parent the court would have to find the parent unfit. Cases like this are fact dependant and really cant be fully addressed in this format. To get a reliable answer contact an attorney and discuss in detail all the fine points of the situation and then they can give you an opinion.
The preference of the children could be considered by the court and the boyfriend could try to file a guardianship. To get a guardianship over a parent the court would have to find the parent unfit. Cases like this are fact dependant and really cant be fully addressed in this format. To get a reliable answer contact an attorney and discuss in detail all the fine points of the situation and then they can give you an opinion.
Q: My ex wife is dying of cancer...she is the custodial parent..will I automatically be awarded custody of kids?
Pete David Louden's answer
If it is an Oklahoma case custody would go to the other parent unless there is some good reason not to such as drugs, criminal history, etc.
If it is an Oklahoma case custody would go to the other parent unless there is some good reason not to such as drugs, criminal history, etc.
Q: Can I terminate my daughter's dads rights if he is in jail?
Pete David Louden's answer
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 at some point you remarry and want to do a step parent adoption that may be an option.
You could also pursue a name change but would have to give the father notice.
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 at some point you remarry and want to do a step parent adoption that may be an option.
You could also pursue a name change but would have to give the father notice.
Q: how do I find help on a appeal when she used legal aid and judge seen text where she told me to come and still granted p
1 Answer
| Asked
in
Appeals / Appellate Law, Child Custody and Family Law
for
Oklahoma
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
Pete David Louden's answer
This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.
This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.
Q: If a mother with sole custody gives me p.o.t. of her children. Can their biological father take them?
Gary Johnston Dean's answer
No under the facts you have given, without first going to court. You should consult an experienced Family Law Attorney, in your area to help you obtain legal custody as their Guardian.
No under the facts you have given, without first going to court. You should consult an experienced Family Law Attorney, in your area to help you obtain legal custody as their Guardian.
Q: If my parental rights were terminated will Tulsa Oklahoma take my future children I give birth to?
Gary Johnston Dean's answer
From the details you gave in your question, it appears that you have eliminated the reason for termination of your rights. But PLEASE Don't have a child until you are in a long term stable relationship, and are married, and no longer use marijuana without a very good medical reason, and a doctors Rx if you continue. It's too early to tell what position DHS will take on it without a Rx.
From the details you gave in your question, it appears that you have eliminated the reason for termination of your rights. But PLEASE Don't have a child until you are in a long term stable relationship, and are married, and no longer use marijuana without a very good medical reason, and a doctors Rx if you continue. It's too early to tell what position DHS will take on it without a Rx.
Q: My wife has a tax question. Per her divorce decree her and her ex are supposed to alternate years claiming their son.
Reece B. Morrel Jr's answer
I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.
If it is not clear, I would have your wife's lawyer contact the ex-husband's lawyer to 1.) clarify or 2.) agree to a schedule. If the ex-husband fails to cooperate and insists on claiming the son every year, then it may be worthwhile to have a conversation with your wife's...
I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.
If it is not clear, I would have your wife's lawyer contact the ex-husband's lawyer to 1.) clarify or 2.) agree to a schedule. If the ex-husband fails to cooperate and insists on claiming the son every year, then it may be worthwhile to have a conversation with your wife's...
Q: Will my daughters parental rights be terminated?
Pete David Louden's answer
There is no way to know the likely outcome without knowing all of the background and facts. She should have an attorney. That attorney would be in the best position to answer this question as they know all the details if the case.
There is no way to know the likely outcome without knowing all of the background and facts. She should have an attorney. That attorney would be in the best position to answer this question as they know all the details if the case.
Q: I hired an attorney for a child custody case I spoke on the phone with her numerous times I signed her contract
Pete David Louden's answer
I think the only person that can explain the conflict, time line, and circumstances is that attorney. The silver lining is you now have the opportunity to hire an attorney that wants to help you.
I think the only person that can explain the conflict, time line, and circumstances is that attorney. The silver lining is you now have the opportunity to hire an attorney that wants to help you.
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