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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: Fixing to file for divorce and would it be possible make to where wife can't not live or have a man around my children
Kyle Persaud
Kyle Persaud answered on Feb 26, 2020

In many divorce decrees, there is a clause that says that neither party may have an overnight guest, or be an overnight guest, of someone of the opposite sex while that person has physical custody of the children.

When you get divorced, you may ask the judge if this clause can be in your...
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1 Answer | Asked in Family Law for Oklahoma on
Q: Is the acknowledgment of paternity form for someone over 18 the same as for a minor?
Kyle Persaud
Kyle Persaud answered on Feb 26, 2020

Yes.

See the statute here:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=446624

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Oklahoma on
Q: Can I move out at 17?

I live in Oklahoma. My parents want to move me back to Texas. I do not want to go and i have a friend I can stay with. Her mom is even okay with it. Is there a way I can stay with her?

Pete David Louden
Pete David Louden answered on Feb 20, 2020

If your parents agree to allow you to do so.

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I'm 16 and pregnant can I legally move out of my parents house and into my 18 year boyfriend's house without permission

I am 16 and pregnant I want to move into my 18 year old boyfriends house because I feel like I'd be safer there and be safer for the baby can I legally move into his house without my parents consent though

Pete David Louden
Pete David Louden answered on Feb 16, 2020

No.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t... Read more »

Pete David Louden
Pete David Louden answered on Feb 16, 2020

No. There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

If you ever get married again and your husband wants to adopt the child the child may be eligible for...
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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can legal action be taken if an injunction is violated by the filer? Can they be violated?

The spouse that filed for divorce separated the auto insurances on all vehicles, and had the rental lease changed to omit the other spouse.

In addition, a motorcycle was given to the non-filing spouse when their father died. The motorcycle is registered under both parties for tagging... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 12, 2020

Neither party is allowed to sell, transfer, destroy, or allow to devalue items that could be considered marital property. The short answer is to have your attorney file a motion to compel the other party to cease these activities and return the the insurance and motorcycle to the way it was before... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: My children are in foster care. Im considering going into inpatient rehab but im not sure how dhs/courts will treat me??

Im scared to admit my drug use but i want my kids to come home to a healthy one. I dont think inpatient will help my case at all but i hear that if i go inpatient my kids will come live with me after a few weeks. How does that work and can dhs hold it against me if i seek treatment? clean drug... Read more »

Pete David Louden
Pete David Louden answered on Jan 24, 2020

Drug use and new criminal charges will for sure have a big direct impact on your situation with DHS. You have too much going on here to solve over the internet in this forum. You are going to need to hire an attorney to help you sort this out. You should be able to find one attorney that can... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Hello. I am wondering if we the petitioner can request a public notice to be placed regarding a court date.

The respondent does have an attorney but we didn't want to get to the court hearing day of and the respondents attorney ask for another continuance because she can't locate her client. We have guardianship of our two nieces for 21 months and filed for adoption in September. Court date for adoption... Read more »

Pete David Louden
Pete David Louden answered on Jan 16, 2020

You would have to give the attorney notice of the hearing. It is very easy to mess up an adoption, so much so that most attorneys will not even attempt an adoption case. You really should have an attorney that really knows adoptions to help you and they will be able to deal with notice issues.

1 Answer | Asked in Family Law for Oklahoma on
Q: Does a unmarried father have rights to the child with out going to court
Pete David Louden
Pete David Louden answered on Jan 10, 2020

No. By statute the mother is considered the custodial parent of a child born to parents that were never married. The good news is the father can establish his rights by filing an action in the district court.

1 Answer | Asked in Family Law for Oklahoma on
Q: At which age of the child can you no longer question paternity or file for mistaken paternity in the state of Texas?
Pete David Louden
Pete David Louden answered on Jan 9, 2020

Your question was posted in the Oklahoma section. For questions on Texas law you should post your question in the Texas section.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oklahoma on
Q: My husband has left the home he was the main income for the family my name is on the deed what are my options?

He removed all his property and me and the kids in the home - he stated he would sue me if I rented or sold home - but I don’t make near enough to support all bills- options? Suggestions? He has been moved out since 12-24-19 this isn’t the first time he’s also been abusive knowing I can’t... Read more »

Doak Willis
Doak Willis answered on Jan 8, 2020

You must borrow the money to hire an attorney to help you get a divorce and support.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Warrant after husband's parental rights to his 2 daughters were terminated and they were immediately adopted

Daughters were adopted by stepfather after termination but just learned a warrant is issued for non-payment of child support from termination date to present? We were told support was suspended on that date? What do we do now?

Doak Willis
Doak Willis answered on Jan 8, 2020

Hire an attorney to have it taken care of immediately.

1 Answer | Asked in Divorce, Family Law, Child Custody and Libel & Slander for Oklahoma on
Q: Can I block my exes email account when his new wife is using it to harrass me & do his "co parenting" for him?

Ex & I share 4yr old. Live 745 miles apart. Have joint legal custody & I am custodial parent. I am to update him on child & when I do, I get harassed instead & his new wife seeks retaliation of some sort. She is very hostile & sarcastic. He has stopped talking to me & has allowed his new wife to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

You might want to get something official before you block it as you're liable to be made to look like the bad guy.

There are a few really good online programs available for situations like this where parents can login and upload pictures, report cards, etc. about the children then the other...
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1 Answer | Asked in Criminal Law and Family Law for Oklahoma on
Q: Say if I had sexual relations with a half sibling who is in their 40's would it still be illegal?
Brian Boeheim
Brian Boeheim answered on Jan 1, 2020

§21-885. Incest

Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If non custodial parent moves out of state do they still have to rights to their summer break visitation

Custodial parent refuses to allow children to stay with non custodial parent on any breaks, because they are out of state. And when custodial parent visits IN STATE will not allow children to visit because “”girlfriend “” (not wife) has plans with them and he is working ... custody order... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 1, 2020

Based on the information you have provided: The vacations cannot be limited as long as you are willing to provide and pay for safe transportation. Depending on how the decree or paternity is written, as long as you gave proper notice of your visit in State, a judge would be hard pressed to... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Do I need a lawyer to legally adopt my 18 year old in Oklahoma or is that something we can do ourselves?

My 18 year old daughter would like for me to legally adopt her. Is there a way we could do it without getting a lawyer involved?

Pete David Louden
Pete David Louden answered on Dec 31, 2019

Adoptions are so complex that most lawyers will not even attempt to do an adoption. An adult adoption will be easier than a child but I think it would be worth your time to meet with an expert to learn the process and your options.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm trying get a new lawyer my lawyer wont help me my children are neglected abused physically an mentally.

I need help filing emergency custody trying to find a form.

Pete David Louden
Pete David Louden answered on Dec 30, 2019

You should schedule an appointment with your attorney to discuss your concerns.

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1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: if i relenquished my rights to past children can i keep my future children
Brian Boeheim
Brian Boeheim answered on Dec 14, 2019

Given we are talking about termination of rights for cause and not adoption, it is possible, but it does give the State the ability to take future children on a presumption of you are unfit. It is a more complex question than can be answered here...Boeheim Freeman Law 918-884-7791

1 Answer | Asked in Family Law for Oklahoma on
Q: In Oklahoma with out a signed consent can cps/ dhs visit with my children without my permission if they are minors

Such as school or home alone if they don’t have ever exigency circumstances

David A. Cincotta
David A. Cincotta answered on Dec 13, 2019

The short answer to your question is yes. DHS can visit with a child without parental consent when a parent (or person responsible for the child's health, safety, or welfare) is not present. That interview can occur at the child's school. If they do conduct an interview with a child at the... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How to go about getting guardianship of my nephew's in Oklahoma

Both parents have been on drugs I have had both boys for over 6 months now

Brian Boeheim
Brian Boeheim answered on Dec 10, 2019

Guardianships are pretty tricky. The real question is whether they will fight the guardianship. If they have not financially supported the children and have not made efforts to visit and continue the relationship it makes it easier. Give us a call, and we can talk you through the specifics.... Read more »

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