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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law, Estate Planning and Probate for Oklahoma on
Q: My father passed away with no will, but he has a wife. He had his own business, and all bank accounts were separate from

His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and attempting to drain... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 13, 2019

I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.

If we can help,...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: I need a template to write this myself. Can someone help please .!!!!!
Brian Boeheim
Brian Boeheim answered on Oct 5, 2019

I am sorry, but I am not certain what type of template you are requesting? Over and over again, I see people who attempt to file petitions themselves and not only do they spend an enormous amount of time doing it, but the stress ends up being far more than anyone should have to deal with. Also,... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I have custody mom took them agreed to bring them back next day it has now been 4 years and haven't seen or heard from

them. From what I know they are still in Arkansas or oklahoma can I legally take them back. How do i legally get them back or atleast be in their life.

Brian Boeheim
Brian Boeheim answered on Sep 27, 2019

If you have custody, you can always file a writ of habeas or writ of assistance. There is a specific way to do that for out of State writs. With that said, there may be a challenge since it has been 4 years.

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: My sister in law was on drugs and dhs took the baby. Now my sister in law is clean, but her boyfriend isnt. She is

Clean 100% and she passed her tests. Also she is pregnant.. horrible situation turned worse. We want to help her and she is coming to live with us. Us being my husband and i, he is her brother.. She is due next month. Dhs wants to take this baby too... because her boyfriend is still on durgs. But... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 26, 2019

DHS is a funny agency in that it sometimes all depends not the case worker you have. There is a big difference between having your child removed based on a deprived action and having your parental rights terminated. If she is working a plan after a deprived adjudication or waiver, then it makes... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Does Oklahoma family court recognize Parental Alienation?
Pete David Louden
Pete David Louden answered on Sep 25, 2019

Yes, but only if it can be proven.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: In OK (Tulsa County), can I have all open Family Court cases, consolidated into one case, under one judge?

DHS is involved because I receive aid from the state to offset daycare costs

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

There are some actions you can consolidate if the parties to the action are the same, the claims arise substantially out of the same events/circumstances, and the statutes allow for it. You should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma for help.

1 Answer | Asked in Family Law for Oklahoma on
Q: My 16 year old grandson wants to move in with his grandparents. His dad has temp custody. Can he leave if he wants

His dad lied in court about things that were not going on with there mom. Both kids want to go home. Can the boy leave, he is 16

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

As the child's legal custodian, the father is charged with his/their well-being. As such, he can decide (mostly) where the child stays and when the child stays there. Unless someone can show to the Court that the child is in danger, or where the child is staying is not in the child's best... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: How do I legally approximate a marriage?

My partner and I do not want to get married, but do want to ensure that we are each other's beneficiary, etc. We already have joint bank accounts, and plan to file Powers of Attorney. However I'm wondering if there are other rights and privileges spouses have which could be simulated through legal... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

There are other rights and benefits that a spouse receives upon the death of the other, i.e. possession of real property, life insurance, retirement plans. There are also, potentially, health care decisions that could be made by a spouse. There are mechanisms that can be put in place to insure... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: Can I file kidnapping charges on my ex wife, if she takes my kids away somewhere, so that I cant have them on my days?
Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

If your wife takes the kids away and denies you your visitation, and you have a Court Order in place that memorializes your visitation schedule, you can apply to the Court to have her held in contempt of that Court Order. If she is found guilty of contempt, the Judge may impose fines that could... Read more »

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I write a motion to set aside I need to write a motion to set aside emergency temp custody

The temporary custody was only granted until I provided a negative drug testoh, I have three of them I just don't know how to get them to the judge

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

An emergency custody order should be set for hearing within ten days under OK law. I recommend hiring an attorney well-versed in family law in Oklahoma and appear at the hearing to provide evidence in support of your position.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: with a CS court hearing coming up my ex is wanting to terminate his rights, what do I do?

he hasn't been around or seen my daughter in 3 years.

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

A parent cannot terminate their parental rights simply to circumvent child support obligations.

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: When a kid is 16, what are the laws on child neglect at that age?

My friends son moved to another town and was staying with his aunt. His mom found out he dropped out of school and he was taking pills, smoking marijuana, and drinking. His aunt wasn't very responsible after all

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

I recommend your friend consult an attorney well-versed in Oklahoma family law immediately. It is possible she has a duty to report this situation to DHS and could face liability if she fails to do so.

1 Answer | Asked in Family Law for Oklahoma on
Q: My son moved to Florida with his father. He is 15 and is “mad” at me. He won’t speak to me and his father won’t let him.

I live in Oklahoma and pay child support. If they won’t even allow me to talk to him do I have to pay child support?

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

The short answer is yes, you have to pay child support. I recommend you consult with an attorney well-versed in family law in Oklahoma to determine next steps based on whether or not your child's father is in contempt of an order already in place by relocating to another state and to enforce your... Read more »

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: I was the guardian to a child from OK. We ended up adopting her in WA state. Didn’t file termination in OK

Do I have to file something with the court besides the birth certificate and the order for adoption in oK as my adoption lawyer did that to my knowledge I have her birth certificate.

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

I recommend consulting with a lawyer well-versed in Oklahoma adoption law to ensure the UCCJEA was complied with and any additional steps you need to take in Oklahoma.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My husband is harboring our belongings after we discussed getting a divorce.

My husband and I were recently moving into a new household. We ended up deciding to get a divorce in 6 months, and im currently staying at a hotel until im able to fly back to the state i used to live. My husband is threatening to trash or sell our belongings that are held in storage, and... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 5, 2019

At this point in time, your best play is to get a divorce on file ASAP. If you do that, you can ask the Judge to make specific Orders regarding your property and insure he doesn't hide, destroy, or otherwise get rid of your property. I'd recommend you contact a family law attorney licensed in... Read more »

2 Answers | Asked in Family Law and Adoption for Oklahoma on
Q: I'm in a adoption case for my son. The judge ordered that my son can be eligible for adoption without my consent.

Now my court appointed lawyer withdrew. And told me I need to file a " entry of appearance". How do I do this, and where do I fie it. And what is it for.? I'm so lost and need help before I loose my parental rights to my son. It was a default judgement I was late for court.

Pete David Louden
Pete David Louden answered on Sep 3, 2019

It is not possible to teach you everything that you need to know to handle the case over the internet. You really need to hire an attorney right now and see if they can help you set aside the default. Act quickly!!!

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1 Answer | Asked in Family Law for Oklahoma on
Q: Can I get my son back after he has been adopted out I don't have my right to him but I want him back

I didn't understand what I was doing at the time it was happening

Benjamin Oxford
Benjamin Oxford answered on Aug 27, 2019

It's not impossible, but certainly very difficult. You should contact an adoption attorney as soon as possible to see what your options are. The longer you wait, the less likely you will have any success.

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

Kyle Persaud
Kyle Persaud answered on Aug 20, 2019

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...
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1 Answer | Asked in Child Support and Family Law for Oklahoma on
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 »

Melissa Oxford
Melissa Oxford answered on Aug 19, 2019

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 »

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
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.

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