Lawyers, Answer Questions  & Get Points Log In
Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If I have emergency custody of my son but I let his dad have him and he has had him for the last 5 years what can I do?

Do to get visitation? His dad won't allow me to see him and he never went to court to change the status of me having emergency custody. I do not want to take my son from where he is, its a lot to explain why I got emergency custody and then gave my son to his dad...He won't tell me where... Read more »

Charles Watts
Charles Watts answered on Oct 11, 2021

I am sure there are logical reasons for your choices, however if you had emergency custody and then gave your son back to the father then you violated the court order as well as ignored the emergent situation that brought about the custody. This is not something you should attempt to handle on your... Read more »

3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... Read more »

Anna L Self
Anna L Self answered on Oct 8, 2021

If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: If the custodial parent has died, do I still owe arrearges? And who do I owe them to?

After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... Read more »

Anna L Self
Anna L Self answered on Oct 5, 2021

If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.

If the child is now an adult and...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: pro se what can be filed post judgment protective order if the victim keeps contacting them by Facebook?

Alleged victim filed a report In a different county making false allegations and misrepresentations of her protective order to an officer that caused defendant to be arrested and charged for violation of protection order. Eventually defendant proved there was no probable cause so prosecutor... Read more »

Anna L Self
Anna L Self answered on Oct 5, 2021

I don't know any similar case examples. If there is new evidence that there was no victim, you can file a Motion to Vacate the Protective Order.

1 Answer | Asked in Family Law for Oklahoma on
Q: Filing an application for contempt for any violation of the automatic temporary Injunction, is there a form - Thank you

This is a divorce where the bank accounts were emptied prior to the hearing.

Anna L Self
Anna L Self answered on Oct 5, 2021

There are no forms for a violation of ATI. An attorney would draft a Application based on the facts of the case and every case is different.

2 Answers | Asked in Family Law for Oklahoma on
Q: Is there a form for an application for contempt for any violation of the automatic temporary injunction - thank you

This is a family law matter

Pete David Louden
Pete David Louden answered on Oct 5, 2021

I am not aware of any forms, attorneys generally draft their own documents.

View More Answers

1 Answer | Asked in Family Law for Oklahoma on
Q: My baby daddy is not on the birth certificate and our twins r 16 months can he take them and not give them back

About five weeks ago he started finally coming into their lives coming and seeing them almost every Sunday but has missed them Sundays he wants to keep them Friday night through Sunday but can he take them and not get them back if his name is on the birth certificate

Anna L Self
Anna L Self answered on Oct 4, 2021

If he is not on the birth certificate (your heading says he is not but your post says he is) he has no legal rights to them without a paternity action.

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: How can I continue the divorce when now he doesnt want to participate anymore? It was an agreement.

My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... Read more »

Anna L Self
Anna L Self answered on Sep 30, 2021

It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Family law due process question and advise

I was just curious about the due process portion of a permanent guardianship case.

Can a permanent guardianship void/null since papers were never served & never even attempted to be served to the biological mother or father according to court record?

If so how do we go about... Read more »

Anna L Self
Anna L Self answered on Sep 27, 2021

file a Motion to Vacate Guardianship order in the guardianship case and state you were never served notice of the hearing. You should look at the court file as the judges usually do not grant guardianship if there is no service on the necessary parties. The file will tell you if a document was... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If I registered my boyfriend son in school and I cared for him for 3 months he only comes 2 days every week

Am wondering if he could take him away from me if he leaves for a week

Pete David Louden
Pete David Louden answered on Sep 23, 2021

It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.

View More Answers

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

View More Answers

2 Answers | Asked in Family Law for Oklahoma on
Q: Received a petition for the appt. of guardian and I need to contest it as the father of the minor child in question

The mother of the child and I have an active divorce in process. However, my wife has practically absconded; she has several ongoing legal issues from a recent arrest and failure to pay a lease agreement. She has left our minor child in the care of the maternal grandmother without my consent or... Read more »

Anna L Self
Anna L Self answered on Sep 13, 2021

You file an objection to the Petition for Guardianship. You should obtain counsel to assist in this matter as you case is not a simple divorce case.

View More Answers

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Oklahoma on
Q: Okay I’m 17 and I’m wanting to date this 20 year old I’ve been talking to I want to know how I can get It legal

Okay he’s 20 And I’m in the dhs system but live with my grandma I want to know if there is anyway I can get consent from the person I’m staying with and a price of paper signed and legalized to state we are allowed to date and get rule and boundary so we don’t get into trouble we are not... Read more »

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

You would have to discuss this with your legal guardian.

2 Answers | Asked in Family Law for Oklahoma on
Q: I am a father trying to get joint custody/visitation of my 5 year old daughter. Her mother and I were not married.

What court forms do I need to file

Pete David Louden
Pete David Louden answered on Sep 11, 2021

I'm not aware of any forms, but a form would not help you anyway. If you are trying to get joint custody in a paternity case, you are going to need an attorney. There are many excellent attorneys in your part of the state. Contact a few and hire the one you feel comfortable working with on... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is a protective order case the right venue to file an indirect contempt of court?

When emergency protective order was made, the petitioner added special condition that once a week the defendant would receive a phone call from a restricted number to be able to speak with minor child. The petitioner has only called twice in a year.

Pete David Louden
Pete David Louden answered on Sep 7, 2021

I think your first step is to have an attorney review what you have. If there is no existing custody order, your next step should be to obtain an initial custody determination in the District Court. Then, that order can be enforced. Hire an attorney to help you get this done.

Best of luck.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do I have sole custody of my son since our paternity case was closed due to inactivity and we were never married?

We had a temporary order put into place for a 2-2-3 schedule. After that was put into place my sons father stopped doing anything with the courts and it was recently closed due to inactivity. On OSCN it says count 1 and party as my name where it shows the judge closed the case. He is the one who... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

You should consult with a family law attorney. Most will give a free consult and that may be all you need. However, it may require a little more than the consult in order to determine the relevant information in your case. There is a chance you have sole custody for now but that doesn’t mean it... Read more »

3 Answers | Asked in Wrongful Death and Family Law for Oklahoma on
Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

You will need to hire an attorney to investigate all these issues. Hospitals are usually very stringent on the POA because a general POA normally does not include medical issues. Consult with an attorney sooner than later.

View More Answers

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Oklahoma on
Q: Is a motion to hear new evidence how you get a judge to rule victim abused a protection order Okla Statute 22-60.9E ?

the victim made false allegations, omitted exculpatory evidence, and presented a materially altered protection order to a law enforcement officer to effect an arrest. The first chance Defendant talked to public defender he had him talk to the DA about the exculpatory evidence that negated their... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

Based on that, you need to hire an attorney and let them go through your case to determine exactly what has happened, and your best course of action to move forward.

1 Answer | Asked in Child Custody, Family Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Is there is remedy or justice available out there other than Legal Aid for people who have been screwed over

I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.

Anna L Self
Anna L Self answered on Sep 1, 2021

Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.

There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...
Read more »

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.