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Oklahoma Family Law Questions & Answers
2 Answers | Asked in Family Law for Oklahoma on
Q: My sister's passed away leaving behind 3 kids she had no Will. Her friend has 2 of the kids. I want the kids

She has a court date but that's all I know. What can I do

Pete David Louden
Pete David Louden answered on Apr 13, 2021

What you need to do is hire an attorney if you want to fight for guardianship of the kids.

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1 Answer | Asked in Family Law for Oklahoma on
Q: What is the next step to take, if a judge does not honor this law?
Pete David Louden
Pete David Louden answered on Apr 6, 2021

Some additional information would be helpful in order to answer your question.

What specific law are you referring to?

Did an attorney say a law was not followed or is a pro se litigant saying a law was not followed?

What type of case: criminal, family, civil, protective order, etc?

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: can i lose my parental rights if i sign perimission to another family member to have partial parental rights?

my daughter lives with my cousin in another town because she is going to school there. They want to get her teeth fixed but in order for them to get her on their military insurance, she has to be part of their family so they want me to sign some kind of temporary parental control or something like... Read more »

Pete David Louden
Pete David Louden answered on Apr 1, 2021

Parental rights in Oklahoma are only terminated in connection with an adoption or for abuse/neglect in a deprived child action. If there is a guardianship where someone else has control of your kids that does not terminate your rights, but it can give that person the right to have possession of... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Could or should I call the police if my ex decides she is going to keep our kids on my court mandated day?

Follow up to a previous question, thanks.

Pete David Louden
Pete David Louden answered on Apr 1, 2021

Calling police won't help as this is a civil matter. The court enforces visitation orders, not the police.

If she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you...
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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex-wife is threatening to keep the kids on my day that is outlined in the court paperwork. What are my options?

She made plans on my day and has told the kids she is going to keep them whether I agree to allow her to or not. Could I call the police?

Pete David Louden
Pete David Louden answered on Apr 1, 2021

If you have a court order for visitation and she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you could agree to a make up visitation day on one of her scheduled days. If it is... Read more »

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4 Answers | Asked in Family Law for Oklahoma on
Q: Does the state of Oklahoma allow annulments for the grounds of bigamy
Jessica Brown
Jessica Brown answered on Mar 29, 2021

Yes, Oklahoma allows annulments on the basis of bigamy. Let me know if you have more questions.

I wish you the best.

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1 Answer | Asked in Family Law and Domestic Violence for Oklahoma on
Q: if you are 17 and pregnant and don't feel safe in your home can you leave?

I have the support from a cop and his wife that i lived with last time my dad was on drugs. i also have audio clips of him hurting my step mom. i just don’t want me or my baby around him

Jessica Brown
Jessica Brown answered on Mar 24, 2021

I am so sorry to hear you are in this position.

Minors who are 17 can, if they are able to support themselves financially (and other considerations) petition the court for emancipation. That is a process where the court does what is called “grants rights of majority.” Essentially, the...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Can I terminate my son's father's rights and adopt him myself?

My son's father has been convicted on several counts of rape 2, forcible oral sodomy, and manufacturing child pornography. My son is 14 and no longer want's contact with his father. However everything I have read states I have to have a husband to do a step-parent adoption. Is there... Read more »

Charles Watts
Charles Watts answered on Mar 20, 2021

There has to be someone to take the place of the parent being terminated. The only way to terminate rights is through an adoption or when DHS takes over to terminate. So in short, until you have been married for a year and have a step-parent adoption he stays on the books as father.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: We had a hearing for our Ex Parte Custody Order & the Defendant didn't show, the Judge extended it Whats our next step

We don't know if we need to petition something again or have him served with the new court orders?

Charles Watts
Charles Watts answered on Mar 20, 2021

If the judge extended it then your next step is go to the next hearing date. Not knowing any of your specifics makes it challenging to answer otherwise. As Gary mentioned week a family law attorney for better guidance.

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3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Does Oklahoma mandate marital counseling before divorcing with kids? I already took the class for divorcing parents.
Charles Watts
Charles Watts answered on Mar 16, 2021

No- counseling is not mandated. The only thing that will be required is the co-parenting class. I have seen this class waived for one parent if they are not receiving any visitation, but anyone receiving visitation/custody will have to go to the class.

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1 Answer | Asked in Child Custody, Family Law and Tax Law for Oklahoma on
Q: My son turned 18 in August . And I want to know if that nullified the child custody plan?

In the Child custody plan my ex is entitled to claim our “minor” child on his taxes, with the proper form. Is this still in affect, now that he is no longer a minor?

Pete David Louden
Pete David Louden answered on Mar 2, 2021

It depends on if the child still in high school and the language of your court order. Have an attorney review your order and the facts of this matter for a reliable answer.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Does North Dakota calculate mothers income into child support? We have an agreement but i make much less now.

It states that we can’t file to modify until the 18 months is up. That is coming up. She lives in ND and i live in OK. How will support be calculated for 2 children now that i am making less and in a different state?

Charles Watts
Charles Watts answered on Mar 1, 2021

If your case/order is in North Dakota then you will need to contact a ND licensed atty to assist you.

1 Answer | Asked in Family Law for Oklahoma on
Q: My parents were appointed guardianship under 10A section 1-4-709 Last year judge is tryin to put them back in dhs
Pete David Louden
Pete David Louden answered on Feb 25, 2021

There is not enough information here to know what is going on with this case. With that said, if there is a threat that children may be removed by the state the guardians and the parents each need to hire attorneys right now. It is always better to take action to try to prevent the removal than... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Pete David Louden
Pete David Louden answered on Feb 25, 2021

Family law cases are not as simple as filing out forms. Preparing the proper documents in only part of the equation. It is also critical to follow the appropriate procedure, local court rules, and fully understand the rules of evidence so any evidence can be properly presented and considered by... Read more »

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1 Answer | Asked in Family Law for Oklahoma on
Q: There was a child visitation order put in place in 2011. I went to prison for 12 years, is that order still in effect?
Pete David Louden
Pete David Louden answered on Feb 22, 2021

A court order remains in place unless/until it is modified.

1 Answer | Asked in Employment Law and Family Law for Oklahoma on
Q: What can I do if my husband is having an affair with a male supervisor that is a county employee for the State of OK?

My husband started an affair with his then supervisor (that’s a male), my husband is also an alcoholic and his supervisor would give him alcohol on company grounds, his supervisor would tell him intimate details about other employees that is a breech of their privacy but, his supervisor used his... Read more »

Charles Watts
Charles Watts answered on Feb 22, 2021

You can divorce your husband. Your husband would have to be the one who sues the county.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: What motion do I file when I am denied cross examination of a states witness by a judge or court in oklahoma?

A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit

Pete David Louden
Pete David Louden answered on Feb 19, 2021

This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: In Oklahoma’s friend/someone dear too me is dealing with a verbal abusive father and half caring mother. She wants out

Basically the person my love that I truly care for her and she dealing with unable to attend a normal schooling and she has a abusive verbal dad that talks crap too her and her mother and I am wanting to get her out of that place and see about letting her move in she currently 15 but by May she... Read more »

Pete David Louden
Pete David Louden answered on Feb 16, 2021

What is your relationship to the child?

1 Answer | Asked in Family Law for Oklahoma on
Q: How can I prove a common law marriage in OK if we didn't tell his family? Only trusted friends?

He late husband was 30yrs my senior and we knew his estranged family wouldn't approve. We didn't feel the need to tell everyone we came in contact with, only those special to us. We didn't get out much anyway. I have love letters from him and pictures that I think display our... Read more »

Charles Watts
Charles Watts answered on Feb 13, 2021

For common law / non-ceremonial marriage it is a fact finding exercise requiring many different aspects and then the burden of proof is on the one claiming the marriage (you in this case). This is something that really you will need an attorney to assist you to put things in order to prove your... Read more »

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What steps should we take after we've /somewhat/ agreed on a custody arrangement

We were never married and very recently split. We've decided on 50/50 and are wanting to do something like 3 days-4 days until he finds work, which we would like to switch to his days off he gets our daughter.

Charles Watts
Charles Watts answered on Feb 9, 2021

Both Pete and Brian are giving you sound advice. A Petition to Establish Paternity, Custody and Child Support is the smartest safest way to protect all parties. You are getting along now, but if you look in the courts you see millions of people that were getting along at one point that are no... Read more »

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