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Oklahoma Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: For a step parent to adopt the child do the step parent an biological parent have to be married?

Even tho the Step parent and biological parent has been together for almost 6 years

Anna L Self
Anna L Self
answered on Aug 19, 2021

Yes, he/she is not a step parent unless you are married.

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: He can still get custody an visitation even tho he abandoned the child for 6 months?

Son's dad moved to Florida only met my son for ten minutes. Has no bond with him hasn't helped support him an now wants to be involved is that not child abandonment can his rights not be terminated?

Charles Watts
Charles Watts
answered on Aug 19, 2021

Unless there is a court order stating otherwise then it is still his son and he has rights. As far as the second part of your question in terminating his rights - there are two ways to terminate a parents rights and both require the role to be filled by another. 1) is a step parent adoption, or 2)... View More

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1 Answer | Asked in Child Custody for Oklahoma on
Q: Can a father be absent for 6 months has no bond with child an hasn't supported child get rights still?

Sons dad met him one time for ten minutes right after he was born. He moved to Florida an hasn't seen him since. He's now 7 months old an the dad is demanding that my son goes to Florida in March with out me an wants his social. An sent 50$ through cash app today for child support an has... View More

Pete David Louden
Pete David Louden
answered on Aug 19, 2021

Yes, the father can file a Paternity action and request the court to enter a custody, visitation, and child support order. The court will award custody and visitation based on what the court determines to be in the best interest of the child. Child support will be based off the gross income of both... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: Can I move out of my toxic parents environment 3 months before turning 18?

The family willing to let me stay with them, would help me get my car back, get a job and help me with an apartment. And my biological family said I could leave.

Anna L Self
Anna L Self
answered on Aug 17, 2021

You could file a petition for emancipation with the court.

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can police issue a contempt ticket on spot if 6 yr old will not go with father for court ordered visit?

Mother makes the daughter feel bad for leaving her. So the daughter won't go with the father. Police have been involved but won't tear daughter from mother. Understandable, but it is court ordered. So, can the police issue a contempt ticket on spot or do we need to go to court?

Pete David Louden
Pete David Louden
answered on Aug 17, 2021

I agree with the other attorneys. If it is your visitation that is being denied hire an attorney to enforce your visitation. There is a procedure that is much faster than contempt to enforce visitation order. Your attorney will be able to explain your options.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: If the father of your child signed the birth certificate and the waiver for paternity that means he is the father

He signed a waiver denying paternity also saying he know he is his through vital records what does that mean

Charles Watts
Charles Watts
answered on Aug 15, 2021

Not sure your exact question but paternity issues can be very complex or very simple. Many factors come in to play, one being the birth certificate that you mentioned, the age of the child, etc…. You should contact an attorney to help you with this so that something is not missed.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If paternity derceee states this do I just give him that day or do I allow for second day if not stated?

Paternity decree states if father is in the area, he is allowed in person visits as long as he gives mother a 10 day notice. The visits will be supervised by mother and last three hours if parents can not decide on a time and there will be no more then two visits in one week. Father has asked for a... View More

Pete David Louden
Pete David Louden
answered on Aug 12, 2021

An attorney would need to actually see your order before trying to give you specific advice. With that said and in general terms, if a parent comes from Oregon and wanted to visit two days while in Oklahoma, I would have to believe a court would find that to be a reasonable request.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: In oklahoma what rights do stepparents have
Anna L Self
Anna L Self
answered on Aug 11, 2021

You have no legal rights as a step parent unless a Court Order states otherwise.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: What happens if multiple Writs of Habeas Corpus are granted in child custody case? This is the 2nd one to be filed.

There is an upcoming show cause hearing due to Judge granted the Writ of Habeas Corpus a 2nd time. Is there a punishment or charges he could be facing for not returning the kids to me?

Pete David Louden
Pete David Louden
answered on Aug 9, 2021

A contempt citation might be an option and if he is found guilty he could have to pay your attorney fees. Consult with an attorney to discuss in more detail and explore your options.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have filed papers for custody by abandonment. What else do I need to do?
Pete David Louden
Pete David Louden
answered on Jul 21, 2021

Custody by abandonment?

Did you file this based on something you found on the internet or did an attorney do this?

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: How can I get rid of a supervised visitation order? I don't understand how I have one.
Pete David Louden
Pete David Louden
answered on Jul 11, 2021

"How can I get rid of a supervised visitation order?"

You would need to modify the order that requires supervised visitation. If you believe there is no longer a need for supervised visits hire an attorney to assist.

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1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Oklahoma on
Q: Can my Guardian force me to quit my job in Oklahoma?

I'm a 17 year old which is above the legal age requirement for working in my state. But she says she can call and quit for me without my consent. Can she? Or would I have to do it since me working is legal?

Pete David Louden
Pete David Louden
answered on Jun 6, 2021

"Can my Guardian force me to quit my job in Oklahoma?"

Of course she can. It can be described as pretty much this simple: Parents/legal guardians make the rules, children follow those rules.

1 Answer | Asked in Child Custody for Oklahoma on
Q: If we live together and she decides to leave, the child has been here for three year plus six months.

I'm the natural father, spend 98% of time with child, take child to doctor appointment and all activities, care for child meals, bathing, etc. Child's address is the same listed on birth certificate, also child is listed on disability case and received funds for child, does the section in... View More

Pete David Louden
Pete David Louden
answered on May 31, 2021

If the parties are not married and there is no court order for custody/visitation, then the mother has custody.

Don't wait until there is a problem to take action. Hire an attorney NOW, as in first thing tomorrow morning so you can secure legal rights to the child.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can the primary custodian keep kids from goin to other parents, jus cuz they are grounded?
Charles Watts
Charles Watts
answered on May 30, 2021

Based on the limited information in the question the short answer is NO. The child being grounded does not supersede a court order visitation schedule.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: My fiancé has a child with his ex she will not allow him to see the child or have visitation because of me

His ex will not allow visitation of their son due to her not liking me or the child he and I had together he hasn’t paid child support because of a job situation so she is now adding that to a the reason he can’t see their son they have done a paternity testing and proved he is the father. They... View More

Anna L Self
Anna L Self
answered on May 24, 2021

Yes, your finance an file for visitation. He will also be required to pay child support. He should hire an attorney to make sure the paternity has been established and get support and visitation ordered by the Court.

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden
answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... View More

Jessica Brown
Jessica Brown
answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
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2 Answers | Asked in Child Custody for Oklahoma on
Q: Is it legal for me to deny father his visitation based on things the children have told me and being threatened by him?

Sexual behavior and random girls brought in and children made to be alone in the living room while dad and girls go in the bedroom. Once a girl came over who had kids and they stayed the night and my ex forced my youngest to sleep in the floor and give up his bed. He only gets the kids every other... View More

Pete David Louden
Pete David Louden
answered on Apr 30, 2021

No attorney is going to tell you to violate a court order in a question and answer format such as this.

My suggestion is consult in private with attorney to discuss if modification of your order is an option. Don't make any legal decisions until you have gotten specific advice from an...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Is it legal to place a tracking/recording device in my wifes vehicle if i own the vehicle?

In the process of getting a divorce and my wife has been doing things against court orders, while in possession of our children, that i see as being potentially harmful to there wellbeing. I cant legally protect them without evidence and this is the only way i can see to obtain any. Thank you for... View More

Pete David Louden
Pete David Louden
answered on Apr 28, 2021

My opinion would be no. You will probably get a whole lot further if you hire an attorney and let them guide you on what type of evidence will be admissable in court and most helpful.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: what does this mean in my custody case? i was supposed to have a new court date but they posted this instead.

REQUEST FOR TEMPORARY ORDER HEARING IS DENIED. THERE IS A CHILD OF THE MARRIAGE (X2) SEE ALSO: FD-20-469. BOTH CHILDREN WERE BORN DURING THE MARRIAGE OF FD-20-469; MUST FOLLOW UPA.

Pete David Louden
Pete David Louden
answered on Apr 21, 2021

Without seeing the pleadings or knowing any of the details of your case I can only guess. It sounds like maybe a Petition for Divorce and Application for Temporary Order was filed that failed to disclose there were children of the marriage. I am also going to guess that this sounds like a pro se... View More

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