Lawyers, Answer Questions  & Get Points Log In
Oklahoma Child Custody Questions & Answers
1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Hello. I am wondering if we the petitioner can request a public notice to be placed regarding a court date.

The respondent does have an attorney but we didn't want to get to the court hearing day of and the respondents attorney ask for another continuance because she can't locate her client. We have guardianship of our two nieces for 21 months and filed for adoption in September. Court date for adoption... Read more »

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

You would have to give the attorney notice of the hearing. It is very easy to mess up an adoption, so much so that most attorneys will not even attempt an adoption case. You really should have an attorney that really knows adoptions to help you and they will be able to deal with notice issues.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: I moved states away from my ex wife and kids can i file for child support and custody modification in my current state?

I moved to Oklahoma from Colorado in 2018 because i was medically discharged from the military my current agreement dosent say anything about moving and my ex is not allowing me to see my kids. I also have had a significant salary decrease and can no longer afford to pay the 860 i currently have to... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

You have to file where the child support order was put in place. Same for the custody modification.

1 Answer | Asked in Divorce, Family Law, Child Custody and Libel & Slander for Oklahoma on
Q: Can I block my exes email account when his new wife is using it to harrass me & do his "co parenting" for him?

Ex & I share 4yr old. Live 745 miles apart. Have joint legal custody & I am custodial parent. I am to update him on child & when I do, I get harassed instead & his new wife seeks retaliation of some sort. She is very hostile & sarcastic. He has stopped talking to me & has allowed his new wife to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

You might want to get something official before you block it as you're liable to be made to look like the bad guy.

There are a few really good online programs available for situations like this where parents can login and upload pictures, report cards, etc. about the children then the other...
Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If non custodial parent moves out of state do they still have to rights to their summer break visitation

Custodial parent refuses to allow children to stay with non custodial parent on any breaks, because they are out of state. And when custodial parent visits IN STATE will not allow children to visit because “”girlfriend “” (not wife) has plans with them and he is working ... custody order... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 1, 2020

Based on the information you have provided: The vacations cannot be limited as long as you are willing to provide and pay for safe transportation. Depending on how the decree or paternity is written, as long as you gave proper notice of your visit in State, a judge would be hard pressed to... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm trying get a new lawyer my lawyer wont help me my children are neglected abused physically an mentally.

I need help filing emergency custody trying to find a form.

Pete David Louden
Pete David Louden answered on Dec 30, 2019

You should schedule an appointment with your attorney to discuss your concerns.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: Can a father file for joint custody just because he doesn't want to pay child support the kids are with the mother

The father only filed a motion for joint custody because he does not want to pay child support kids are with the mother full time

Brian Boeheim
Brian Boeheim answered on Dec 17, 2019

Joint custody doesn't actually have anything to do with child support. The calculation for child support is a combination of factors including overnight visits, gross monthly income, providing health insurance. Joint custody just means that the father gets to be part of the decision part of the... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: custody

we weren't married but have been split for a year my daughter is 2 and I thought after two she's considered mine legally i have a lawyer my ex has postponed our court date 3 times now ... but she was told from her lawyer to let me see her before the 18th but she won't answer her texts now.. and her... Read more »

Pete David Louden
Pete David Louden answered on Dec 12, 2019

If you have a lawyer, your lawyer knows more about your case than strangers on the internet. You should direct your questions to your attorney.

1 Answer | Asked in Child Custody for Oklahoma on
Q: My ex will not let me see my child and filed for child support and moved her boyfriend in within 2 months of meeting

I try to call her weekly she will not answer and she's moved her boyfriend in within 2 months of meeting

Brian Boeheim
Brian Boeheim answered on Dec 12, 2019

When you say ex, what do you mean? Do you have a divorce decree? Are you just spilt? Has the Court defined you as the father? Was there a Paternity action, or was the child born out of your marriage? Do you have a custody agreement?

Those are some of the questions that need to be...
Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How to go about getting guardianship of my nephew's in Oklahoma

Both parents have been on drugs I have had both boys for over 6 months now

Brian Boeheim
Brian Boeheim answered on Dec 10, 2019

Guardianships are pretty tricky. The real question is whether they will fight the guardianship. If they have not financially supported the children and have not made efforts to visit and continue the relationship it makes it easier. Give us a call, and we can talk you through the specifics.... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My son has no custody or visitation of his son. He does pay court ordered child support in NC.

We learned today that the mother has moved the child out if state and not told the court or DSS. Is this legal and is my son still obligated to pay support?

Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

Until a motion for modification of child support is filed, he will still owe child support. If she moves, this may eventually change the jurisdiction for child support. It does give your sonar opportunity to reopen the issue of visitation or custody, if she is acting in a manner that is not int... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How can I or who must I contact to find out if DHS has filed a deprived petition against me?
Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

They should provide you notice. This is a legal action which requires a court setting, and therefore you will be served. If you think this is even a possibility, you should hire an attorney. Far too many people think there is no point, since DHS wields so much power, but as some of our clients... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: upcoming custody hearing

We have 3 children, 2 boys and 1 girl. Both boys are biological mine and she legally adopted them 10 years ago. Our daughter was born during our marriage. She want to give up her Parental rights on both boys but wants full custody of our daughter. How will the courts look at this in regards to the... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 1, 2019

There is a lot for the court to take into consideration. The age of the boys, and the age of your daughter. Their relationship with their mother. Giving up parental rights is seldom looked upon positively, but without more details it is hard to approximate how a judge would weigh this... Read more »

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I respond to a divorce and child custody petition if I don't agree without an attorney?

I can't afford an attorney. I live in Oklahoma. Do I write a letter to the petitioners (soon to be ex) attorney or just appear in court?

Brian Boeheim
Brian Boeheim answered on Nov 19, 2019

You have a duty to respond. Always show up to court. Without getting long winded, without an attorney, you will be taken advantage of by your spouses attorney. If you are in Tulsa, call us and we will see if we can help. 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Child Custody for Oklahoma on
Q: When an ex parte emergency custody order is made and given to the judge, does the opposing party get to give their side?

I'm asking if them and their lawyer get to go before the judge and plead their side the day the order is brought to the judge

Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

You must give the opposing party some notice (usually a couple of hours is the standard) prior to presenting the Judge with an Ex Parte emergency order. Even though I have shown up for my client in these situations, there is no statutory requirement that the Judge must listen to argument. There... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Where is the formal petition for termination of guardian?

Biological father wants to dissolve a guardianship

Doak Willis
Doak Willis answered on Nov 4, 2019

There is no formal petition to terminate a guardianship. A motion must be filed along with an order for hearing which must be served upon the guardian to terminate the guardianship. The reason and purpose that the guardianship was created for on the ward must be shown at that hearing as having been... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: 60/40 is the plan. He only typically has them every other weekend. I want to change the custody. He won’t agree.

He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »

Doak Willis
Doak Willis answered on Nov 4, 2019

You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Do still have to pay child support if I terminated my rights as an parent?
Doak Willis
Doak Willis answered on Nov 4, 2019

Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My kids are 15 13 and 11 there is a history of abuse with the step mom I owe 30000 back child support can I get cousty

The 13 year old hates the step mom and needs to be gotten out of the home before something bad happens

Brian Boeheim
Brian Boeheim answered on Oct 24, 2019

The back child support shouldn't have any impact. The issue really is whether there is a material change in circumstances. If the kids are having problems in school or struggling at home and they would be wiling to tell the judge that, then you have some grounds for a modification, but there are... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: I need a template to write this myself. Can someone help please .!!!!!
Brian Boeheim
Brian Boeheim answered on Oct 5, 2019

I am sorry, but I am not certain what type of template you are requesting? Over and over again, I see people who attempt to file petitions themselves and not only do they spend an enormous amount of time doing it, but the stress ends up being far more than anyone should have to deal with. Also,... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I have custody mom took them agreed to bring them back next day it has now been 4 years and haven't seen or heard from

them. From what I know they are still in Arkansas or oklahoma can I legally take them back. How do i legally get them back or atleast be in their life.

Brian Boeheim
Brian Boeheim answered on Sep 27, 2019

If you have custody, you can always file a writ of habeas or writ of assistance. There is a specific way to do that for out of State writs. With that said, there may be a challenge since it has been 4 years.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.