Oklahoma Family Law Questions & Answers
Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.
She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and... Read more »
If you and the mother were married at the probable time of conception, then, you are the "presumed father" of the child.
Oklahoma Statutes, title 10, Section 7700-607(B) says:
"B. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed... Read more »
Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.
She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and... Read more »
If you were married to bio mom when she had the child(ren), under Oklahoma law you are presumed to be the father. This presumption can be overcome by a DNA test, but you will need to request same. You indicate you "signed a notarized paper for the mom from hospitals each time she popped another one... Read more »
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 »
You really need a lawyer. You might try legal aid or the OU legal clinic and see if they can help you.
Q: Is it possible, without seeing a judge to live with my mom (who doesnt have custody) rather than my alcoholic dad.
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 »
Q: My child’s father lives in NYC and I live here. We agreed $650 a month since birth but now that I filed its $290?
This can’t be right. What can I do?
There are many reasons why the child support amount can change. There may have been a change in income for one or both of you, the obligor may have additional child support obligations out there and/or the obligor may be receiving some other credit which reduces his or her amount owed. There is... Read more »
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 please call 5808840724
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 »
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?
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 »
Q: How to terminate a domestic relationship in Oklahoma
The answer to your questions depends on the type of domestic relationship, marriage, common-law marriage, etc. All types of domestic relationships can be terminated one way or the other, but the methods needed can vary depending on the factors involved. Contact an attorney licensed to practice... Read more »
Q: Can I owe back child support even if I'm paid up due to a recent increase in payment because salary raise?
I am paid up on child support, did not owe any back child support. Recently received letter stating my payment was to increase. I did not contest this as my wages have gone up recently, but now they are saying I owe $3000 in back support. Why is this? Are they going back to when I first got the new... Read more »
The Court cannot go back to the point you received a salary increase unless that was the same date the motion to modify your child support was filed. In other words, the date of filing for the modification will be the date that your income from that date forward will be used to calculate your new... Read more »
Q: How to terminate a domestic partnership in the state of OK
You will need to hire an attorney in order to properly terminate a partnership in Oklahoma as there may be many issues to resolve that requires an attorneys knowledge.
Q: Once my husband gets an DNA can we sign his rights away?
Back in 2016 my husband and I split for 3 monthso and while that time he MAY have gotten this women pregnant. Her boyfriend signed the birth certificate already. 1.5 years later I was getting bullied by her and her two friends saying this child is my husbands. She wants to go after him for child... Read more »
She can try. Depending upon what her boyfriend signed and the lapse of time and whether they lived together and the boyfriend held the child out as his own are all facts that must be explored to determine whether she would be successful or not. As to signing his rights away, there is no such... Read more »
Q: My father has gaurdianship of my children. How do i file for termination of gaurdianship?
Or request ammended parental plan ?
If the conditions leading to the guardianship being filed and granted have been corrected where the guardianship is no longer needed then you must file a motion to terminate the guardianship setting forth the reasons its no longer needed and have an order for hearing signed by the Judge then those... Read more »
Q: How do I subpoena someone to trial? I am representing myself.
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.
Q: If I have a court order in another state do I need to get it modified for the new state I live in?
When I was reunified with my children the dcf case worker and the judge agreed that my childs father would get supervised visitation for 2 hrs once a month. The order was filed and set into motion while my childrens father lived in Oklahoma. I was living in Florida when the order was ordered. What... Read more »
Oklahoma continues to have jurisdiction if one of the parents resides here.
Q: My granddaughter, 7 years old has lived with me for the past 3.5 years. With both parents consent.
I was given temporary guardianship of her till fist of August. Her dad's new girlfriend of 3 months who suffers from PTSD & seizures wants her to live with them. My granddaughter's mom wants her to continue staying with me and she and dad are still legally married. Hiring an attorney would be a... Read more »
If you have a guardianship in place through the Court system, there would need to be filed a motion to terminate that guardianship which means you would need an attorney. If the guardianship is not through the Courts but one where you all had a verbal agreement, you would need to consult an... Read more »
Q: I got a letter from CSS looking for my sons father. I have never applied for CS why did I get this?
He has gotten soonercare for three years. Each year I check no on starting a child support case when applying. I got a letter in the mail trying to locate the father of my child from child support services. I’m unsure as to why I would get something like this? I will call them of course but it is... Read more »
CSS can, and frequently does, initiate child support cases on there own, even when neither parent requests the commencement of an action. Since child support is technically something the child is entitled to, and not you, CSS will enforce collection on the child's behalf with or without your... Read more »
Q: What can I do if I can't need an attorney but I lost my job/home I have criminal,family,traffic cases
I am homeless and jobless after a bad divorce and many alcohol and drug addiction problems. I need to find an attorney to help with the mountain of legal problems I have but have no way to pay for a good attorney and I don't know what to do because the longer I put these problems off the worse they... Read more »
You may want to check into Legal Aid. They can occasionally help people in your situation.
Q: Child support case
When I filed I wasn’t sure who the dad is. But I now know who the dad is. He is willing to sign the AOP and put his name on the birth certificate. If I tell child support I know who the father is will they change the case or will they need anything else?
Depending on how old the child is, simply signing the AOP may be sufficient enough for DHS-CSS to start collecting child support from him. You may simply call them to see what else they need. In some situations, they may require genetic testing as well.
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 »
Yes. A motion to settle along with an order for hearing that motion needs to be filed.
Q: Custodial parent routinely refuses to allow phone visitation with children.
No phone visit as punishment for child or if angry with former spouse.
Will not allow children to have phone bought by father. Will not allow father to install location app (custodial parent takes children out of state. Also leaves them with questionable adults for extended periods without... Read more »
Your decree of dissolution would have to be reviewed by an attorney handling divorce and child custody/visitation issues in order to properly answer your question. Your decree should spell out your phone visitation rights. If they are being abused in contravention of what your decree states, then... 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.
