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Oklahoma Child Custody Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Oklahoma on

Q: My S/O is not allowed to see his daughter unless it meets the criteria of her mother. How can he get a custody arrangem

My S/O is listed on his daughter birth cert and signed an Acknoqldegment of paternity when she was born. he pays child support religiously, has her on his insurance and when he asks if he can see his daughter, her mother always says no, she has plans or makes conditions. We cannot afford a lawyer,... Read more »

Pete David Louden answered on Aug 8, 2019

You really need a lawyer. You might try legal aid or the OU legal clinic and see if they can help you.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: Is it possible, without seeing a judge to live with my mom (who doesnt have custody) rather than my alcoholic dad.

Hans Otto Lehr answered on Aug 6, 2019

It is possible if your Dad agrees to let you live with your Mom. However, if you Dad has custody and does not agree, your Mom is going to have seek a change of custody and that will require Court intervention. If your Mom is serious about doing that, she will need to seek the advise of a family... Read more »

1 Answer | Asked in Child Custody for Oklahoma on

Q: My 12 y/o step daughter type 1 diabetic. She stated numerous times her mother does not check her work. What can we do?

Her blood sugar bottoms out a lot, the sky rockets to the 3-400' s. We her dad and I have her on school breaks we keep it under control with diet. She was diagnosed in September 2015 and still don't have a lot of knowledge about it. She has told us that the her mother told her not to listen to the... Read more »

Hans Otto Lehr answered on Aug 6, 2019

You may have a case for a custody modification. It sounds like the best interest of the child is going to be in your care and custody if her Mom is truly not making any efforts to control her diabetes. Also, any Judge would likely agree that it is dangerous to not listen to medical... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: Custody case and appointed guardian case need a lawyer and I think I am not getting treated right and unfair in Cherokee

Its alot of different stuff even the judge is being unfair and I feel like my lawyer I paid is not doing anything these people got my kids and I have done everything my kids are not good there can someone please get ahold of me I really need help

Hans Otto Lehr answered on Jul 31, 2019

I would encourage you to speak with your lawyer directly first. See if you and your lawyer can come to some understanding regarding expectations, whether those expectations are reasonable, and what it will take to meet or exceed those expectations. It is not always a good idea to change horses... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Domestic Violence for Oklahoma on

Q: Hello my name is Ashlie , I am in need of an attorney, how do I file harassment by other parent in my case

I am I a custody case with absentee father. He wants joint custody now he was going to be forced to pay child support. He never had asked for her snf or bought anything. He currently I'd threatening me, calling g all state agencies trying to hinder me in any way he can. What can I do?

Hans Otto Lehr answered on Jul 31, 2019

What you need to do depends on the type and level of harassment and threats. They may rise to the level of needing an Order of Protection against him. If nothing else, the evidence of harassment and threats may be used in your custody case against him; it doesn't sound like joint custody is going... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on

Q: My fiancee has a 3 year old from a previous relationship and the father is not in his life at all and my fiancee has to

Pull teeth to get child support payments. Is there any way I can adopt him?

Melissa Oxford answered on Jul 27, 2019

First, in Oklahoma a step-parent adoption requires you be married to the child’s parent for one (1) year. Second, you have to meet the qualifications set out in the law, mainly dealing with criminal history. Third, If the child is over twelve (12), they would have to consent. If these... Read more »

1 Answer | Asked in Child Custody for Oklahoma on

Q: i need help with getting full custody

Hi. My husbands daughter is 14. About two years ago, we went to court the first time to get full custody. We ended up settling in an agreement with her mother and getting joint custody. But now my stepdaughter is refusing to come home to our house, I think her mom may be brain washing her, she has... Read more »

Pete David Louden answered on Jul 26, 2019

You have the option of seeking a modification of the custody order if you believe the other parent is not acting in the best interest of the child.

2 Answers | Asked in Criminal Law and Child Custody for Oklahoma on

Q: I have full custody of my daughter which was ordered by the courts but her mother has taken her eight straight days.

She has made no attempt to return her and has cut off all communication

Pete David Louden answered on Jul 22, 2019

You need to take action to enforce your custody order ASAP!!

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on

Q: How do I subpoena someone to trial? I am representing myself.

Hans Otto Lehr answered on Jul 22, 2019

Head to the Court Clerk's office in whatever County your trial is in and ask the clerk at the "Family" desk (assuming they have one in your County) for a subpoena. They should have a form that you can fill out by hand.

1 Answer | Asked in Bankruptcy, Divorce and Child Custody for Oklahoma on

Q: Can I keep my children away from the grandfather

Timothy Denison answered on Jul 20, 2019

Many more facts are necessary to properly answer this question but the short answer is probably, yes.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on

Q: I'm Pro Se. What document do you file after a failed family court mediation? State is OK. Case has been open a year.

I filed a Motion to Modify Child Custody, Visitation and Child Support over a year ago in Oklahoma. The judge ordered us to attend mediation. We agreed on Child Custody and Visitation issues in mediation and signed our intent. My attorney at the time wrote up an order for the agreements in... Read more »

Doak Willis answered on Jul 12, 2019

Yes. A motion to settle along with an order for hearing that motion needs to be filed.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: Can the father of my baby legally keep the baby if I took him for an overnight visit?

I dropped of the baby to his father for an overnight visit. We are not legally married. Now he refuses to give him back. I did put his name on the birth certificate. They accused me of doing drugs and called CPS who did a drug test that I passed. How can he legally keep me from my baby?? And how do... Read more »

Hans Otto Lehr answered on Jul 9, 2019

It depends on what has happened in your case thus far. Is there a paternity order that directs issues of custody, visitation, etc.? If so, and he is not returning the child per the Order, he may be held in contempt of Court for that. If there is not a paternity order, and DHS has him listed as... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on

Q: If I lose a jury trial what will happen if dhs is involved?

Hans Otto Lehr answered on Jul 4, 2019

A lot more information is needed before I can try to answer that question. You should consult with an attorney licensed in Oklahoma ASAP, especially if you have an upcoming jury trial.

2 Answers | Asked in Family Law, Child Custody and Native American Law for Oklahoma on

Q: What would be a reason we are still in emergency temporary guardianship 16 months later?

We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months of a... Read more »

Hans Otto Lehr answered on Jun 28, 2019

There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."

As to your second point, I would need to see...
Read more »

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on

Q: Is there a packet or forms to file a petition of custody in Oklahoma?

Hans Otto Lehr answered on Jun 27, 2019

There is not necessarily a standard, one-size-fits-all "packet" of forms available, as some divorces require different or specific forms and filings. If you contact a family law attorney licensed in Oklahoma, s/he will be able to walk you through the needed forms for your particular situation.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on

Q: My daughters dad is trying to keep her from me he does nothing for her doent provided for her. We have no court order?

He doesnt provided for her he doent pay the child support that he is order to pay

Doak Willis answered on Jun 27, 2019

You state there is no Court order yet you say he is ordered to pay child support. If that order came from the Child Support division and the child was born out of wedlock, you need to hire an attorney to file a paternity action or if married file a petition for dissolution of marriage and ask for... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on

Q: I have sole custody, what proof do I need to show of abandonment etc so my new spouse can adopt my children?

I was given sole custody, all divorce states is I have sole custody and respondent to pay X Amt of child support.No visitation was granted etc. Nothing has ever been paid, and he has not even had contact in nearly 3 years. He has had CF and CM arrests in the past few years (drug abuse)with deferred... Read more »

Hans Otto Lehr answered on Jun 24, 2019

If the biological father has not had substantial contact with the child in 12 months, you may be able to proceed with an adoption without the biological father's consent on the grounds of abandonment. Failure to pay child support and lack of interest in exercising visitation in this time can be... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on

Q: So my wife has been committing adulterous activity in our marriage. Even before we separated, we are still married and

Now claiming the mans last name. What can be done if anything? I’m in Oklahoma.

Pete David Louden answered on Jun 21, 2019

You must decided whether or not you want to stay married to this person. If you do not wish to stay married, consult with an attorney about filing a divorce.

1 Answer | Asked in Child Custody and Divorce for Oklahoma on

Q: going through a divorce, with child, if i fire my attorney can she use hers in court while i dont have one? state of ok

Pete David Louden answered on Jun 19, 2019

Yes, it is her right to have an attorney. Whether you have an attorney or not has nothing to do with her right to counsel.

If you are not happy with your current attorney you can hire a different attorney. Whatever you do, DO NOT attempt to represent yourself as most of the time this...
Read more »

1 Answer | Asked in Child Custody for Oklahoma on

Q: Can a parent go to jury trial to try and keep their child

Pete David Louden answered on Jun 17, 2019

What kind of case? Is it a custody case between parents or a case filed by the state for abuse or neglect?

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