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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I have a 17 year old friend in Texas who is living with an abusive father, can I go get her & bring her here?

My friend turns 18 in December but is there anything I can do to help her before that? I live in Oklahoma, would it be legal to let her live with me until she turns 18?

Edit: Some information about the situation that I forgot to mention, mostly because she had an incident with her father... Read more »

Brian Boeheim
Brian Boeheim answered on May 20, 2020

Have her call, or you can call, DHS (CPS in Texas) and report the abuse, They will do a welfare check and if she is honest with them they will most likely take her out of the home and place her with another family member or friend of the family. I have seen it before where these emergency... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: If I voluntarily turn my children over to dhs, will I be charged with anything?

Homeless, carless, jobless living in a hotel with 3 children. Having a hard time supporting them. All 3 have adhd and odd. 1 has autism. I don't want to give them up but I don't see any other way. Family is unwilling to help. Don't get food stamps or tanf. Have applied for both.... Read more »

Brian Boeheim
Brian Boeheim answered on May 16, 2020

You are clearly in a tough position, and you want to provide the best future for your children. From a purely legal point of view, I would suggest you act out to Family and Children Services and set up an appointment to see what services they may be able to provide. If the services they would be... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: What happens at a disposition hearing, is the case resolved (Final decree entered) and closed, or dismissed to refile?
Brian Boeheim
Brian Boeheim answered on May 15, 2020

Not really sure what you mean by a disposition hearing. If there is an agreed decree then a disposition hearing is nothing more then the Judge taking testimony that a divorce is what everyone wants. If there is any type of dispute to property, custody, or spousal support then it will be a trial.... Read more »

2 Answers | Asked in Family Law and Child Support for Oklahoma on
Q: My question involves a family issue from Oklahoma

In Oklahoma, if a man and woman are married, and the wife has a child that turns out not to be the husbands, is he required by law to pay child support for the child that isn't his?

Pete David Louden
Pete David Louden answered on May 13, 2020

If a child is born during the marriage, the husband is considered by law to be the father and will be on the hook to support the child. There is a very specific procedure and specific time limitations to solve this problem. Contact an attorney today, not tomorrow, to review your case.

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1 Answer | Asked in Family Law for Oklahoma on
Q: Step mom died last March. I Want to find out Legal advice on I will after someone dies.

Step mom put her house on the reverse mortgage. She set up for her stepson to get 40% and her daughter 60%. Then she put her daughter as beneficiary On her accounts. Well her stepson get any thing?

Richard Winblad
Richard Winblad answered on May 12, 2020

This is tough to answer with such few facts. If there is equity in the home above the amount of the reverse mortgage then the heir or devisees may be entitled to share in the proceeds.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I run away at 17 I live in a house where I have been physically and mentally abused for years and im wanting to leav
Brian Boeheim
Brian Boeheim answered on May 10, 2020

I believe I have answered this questions before. Your parents can report you as a runaway. They are liable for you until you reach 18 and they could face child neglect charges if they didn't report you. On the other hand, if you are in danger and are being physically abused, you can call... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: My son's girlfriend is 17, her mom is verbally and physically abusive to her. Can she move out without her mom's consent

Police did nothing when abuse was reported and things got worse.

Brian Boeheim
Brian Boeheim answered on May 9, 2020

Technically, she will be a runaway and the mother will be at risk of neglect charges. At 17 she will not be able to enter into contracts or make other legal decisions, so it is complicated. If this young lady is being physically abused, then someone should call DHS, but understand that can get... Read more »

1 Answer | Asked in Child Custody, Family Law and Native American Law for Oklahoma on
Q: Is it legal for a custodial parent and the supervised visit people to not let u see ur child even tho its in ur courtord

Is it legal for the custodial parent and the supervised visit people to not let u see ur child on a day that u have a Court order saying u r supposed to be allowed 2 2hr visits every week as long as u schedule the visit by wed of the week prior.

I did schedule the visit a head and it was... Read more »

Brian Boeheim
Brian Boeheim answered on May 9, 2020

Sad to say, this happens more often then you think. Have your attorney, or hire an aggressive family law attorney to file motions to enforce visitation or compel them to follow the court ordered visitation. If you you need help, please feel free to give us a call for a free consult.

2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: If non custodial parent refuses to bring kids back to my town, what can I do? Kidnapping charges?

Our papers state he picks them up from me and drops them off to me. I have full sole primary custody of our two boys! He is refusing to drive to my town and drop them off now because he is now engaged! He wants to still run me over!

Brian Boeheim
Brian Boeheim answered on May 3, 2020

You need a writ of assistance or writ of habeous to enforce you custody order. If he is out of State then there is another step, but all of these can be dealt with swiftly with an attorney. He will also very likely have to pay the attorneys fees under the circumstances listed in your question.

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2 Answers | Asked in Child Support, Divorce and Family Law for Oklahoma on
Q: Is the final monthly child support payment prorated to the last day of school or due in full for the month school ends

School is out mid-May. Graduation is late June. How should the final payment be handled?

Pete David Louden
Pete David Louden answered on Apr 28, 2020

You will need to review your support order. Most of the time the order will state the due date as the 1st day of the month. If child graduates in June then the June 1 payment would be made as usual.

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1 Answer | Asked in Family Law, Civil Rights, Federal Crimes and Juvenile Law for Oklahoma on
Q: I’m 17 and pregnant, am I legally an adult? Can I legally move out or get in trouble with law for “running away”?
Pete David Louden
Pete David Louden answered on Apr 24, 2020

Are you legally and adult? No. You are an adult when you are 18.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My husband provided 2 DNA tests proving he was not the father & he voluntarily terminated his rights. Still owes to CSS.

My husband did a private DNA test in 2016 and he was not the father. The child was taken into DHS custody in 2018 and my husband was given a 2nd DNA test and it showed once again he wasn’t the father. He voluntarily terminated his rights but because of the acknowledgement of paternity paper he... Read more »

Brian Boeheim
Brian Boeheim answered on Apr 20, 2020

He needs to file a petition to remove himself from the acknowledgement of paternity. We ahem done several of these lately. In some way this is straightforward, but there are some serious pitfalls if you are not careful.

1 Answer | Asked in Child Custody, Child Support, Family Law and Tax Law for Oklahoma on
Q: Wife and I separated, she moved her and kids out to Cali before we established custody. We filed taxes married jointly

She had the money direct deposited into her account and is refusing to give me my half. She does have a PO against me but I am suppose to have supervised visits and talk to my twice a day and am not getting that.

Brian Boeheim
Brian Boeheim answered on Apr 19, 2020

The first question is whether you and your wife are legally separated or just don't live together? If it is a legal separation, then you have some legs to stand on, but if it is not filed then you may have some trouble. Because you used the terms supervised visitation, that gives me the... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Plus I don't question my brother is in a situation where his son's mom I took him over state lines to Missouri DHS took

My brother's son was taken over state lines to Missouri or DHS has taking my brother's son but the mother over state lines without my brother's knowing our permission DHS didn't contact him or anything. How dose he go about getting his son back?

Pete David Louden
Pete David Louden answered on Apr 17, 2020

Depends on factors such as if the parents are married or if there is an existing custody order. First step would be for him to have a private consultation with an attorney. Once an attorney has a complete picture of what is going on they will then be able to tell him what he needs to do.

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2 Answers | Asked in Child Custody, Divorce, Family Law and Civil Rights for Oklahoma on
Q: Pro se defense child custody case all claims evidence documents reports to support claims available to both parties?

All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.

Pete David Louden
Pete David Louden answered on Apr 7, 2020

The same information would be available provided the pro se party knows the proper steps to obtain the information.

The court will hold a pro se party to the same standard as a licensed attorney so the pro se party would need to ensure that they have the same knowledge of case...
Read more »

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1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: how do i file for voluntary parental rights terminations?

my ex husband and i have been divorced since 2016 and i have sole custody of our two daughters. he is 20,000.00 behind in child support and has visitation with them in the state of Missouri.my fiance wants to adopt them and change their last name to his.

my daughters want the same thing... Read more »

Pete David Louden
Pete David Louden answered on Apr 7, 2020

Adoptions are so complex that most attorneys will not even attempt an adoption. It is not a do it yourself project so your first step should be to hire an experienced adoption attorney. They will be able to help you get this done.

I wish you the best of luck with your case

1 Answer | Asked in Family Law for Oklahoma on
Q: Due to the covid-19 I have had to forgo my weekend visits with my two children. My ex is denying video chat.

But, not phone calls because that is in our divorce decree. He will not allow me video chats with our kids during a pandemic. Can he do that? There is no provision's regarding video calls however, doesn't that violate my civil rights as a parent?

Jeffrey Lampert
Jeffrey Lampert answered on Mar 25, 2020

So much depends on the Final Judgment ending the marriage. Did it make a provision to allow video? Did it incorporate a Marital Settlement Agreement that contained a provision to allow video? If not, as much as it might be detestable the refusal is not in contradiction to court order.

1 Answer | Asked in Family Law for Oklahoma on
Q: My father past 3 years ago. My truck is still in his name. How do I transfer the title to my name?
Matt Fleischer
Matt Fleischer answered on Mar 20, 2020

First, I'm sorry for your loss.

Second, if your father had a will and left the vehicle to you, you can probably transfer title to your name by using the following affidavit: https://www.ok.gov/tax/documents/405.pdf

If your father did not have a will and no one else has a...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: My sons ex won't allow any communication and visits from him. She is in Oklahoma he in Arkansas anyone pro Bono please.

My sons mom is remarried and wants her husband to adopt her so she is keeping her away from him not only because she has to be in control always but because she has always gotten mad at my son and myself or her own mom and as a form to punish us she keeps my grandbaby hostage and uses her as a tool... Read more »

Pete David Louden
Pete David Louden answered on Mar 15, 2020

This sounds like a very high conflict case. He needs an attorney with specific experience in high conflict cases. The best attorneys for a case like this are in high demand.

You are right that he needs to act very quickly. The court will likely question why this has go on for nine months...
Read more »

1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Oklahoma on
Q: My 16 year old son wants visitation with me and I'm not legally his father, only biological and the mother says no

I have a 16 year old son that has a different man on his birth certificate. I know he is mine but not on paper. I am regular in his life and help support him with things he needs. His mother won't let me see him all of a sudden but he wants to see me. What can we do? Can he just leave home and... Read more »

Pete David Louden
Pete David Louden answered on Mar 14, 2020

I think your best bet is going to be to get the child's mother to agree to visitation. There is a very limited time window to challenge paternity, typically no more than two years. You can meet with an attorney for a consultation to discuss the specific facts of your case.

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