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Oklahoma Family Law Questions & Answers
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 »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How can I or who must I contact to find out if DHS has filed a deprived petition against me?
Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

They should provide you notice. This is a legal action which requires a court setting, and therefore you will be served. If you think this is even a possibility, you should hire an attorney. Far too many people think there is no point, since DHS wields so much power, but as some of our clients... Read more »

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: What kind of questions will DHS in Oklahoma ask when they make a visit to a house. It's a first offense?

Cops got called to a domestic fight and found out that a small child lived in the home. Th cops arrested the dad and told the mom that they had to get DHS involved.

S. Douglas Elliott
S. Douglas Elliott answered on Nov 23, 2019

You could be looking at the possibility of DHS filing a deprived petition and your children being placed in DHS custody. You better go at least talk to a lawyer that handles these types of cases to discuss the details.

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1 Answer | Asked in Family Law for Oklahoma on
Q: If i sign to relinquish because I was offered one last visit with my children and because every one working against me

Even felt my lawyer working with them i want to appeal and possibly take to supreme court

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

I would like to assist you, however it is difficult to provide you with an answer without more details. If you are referring to terminating your parental rights, it should never be done without careful consideration. Before you do anything, it is extremely important to contact an attorney as soon... Read more »

1 Answer | Asked in Family Law and Medical Malpractice for Oklahoma on
Q: Can a non-custodial parent admit a minor child for mental health treatment without the parent with sole custody's permis

I have sole custody of my child. My son was in my care. I dropped him for IEP testing for school. When I returned, he was gone. He claimed to have thoughts of self harm and Dr called his father and police. Father admitted him to inpatient psych without my consent. No one, dr, police, father, did... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more details about your case, it is difficult to provide you with an answer. If the father has legitimated, he is afforded certain rights and privileges equal to the custodial parent’s.

It is in your utmost best interest to contact an attorney who can assist you with the...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Support for Oklahoma on
Q: My children were adopted by my parents years ago I ambeing sued for child support for after adoption what is the law
Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

Parent’s are still required by law to pay child support even after a parent’s rights are terminated. A parent is relieved of any further child support obligation upon the court receipt of a final decree of adoption. A parent would always be required to pay the back child support, pursuant to a... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If my mom signed her rights away of me to my father. Would that put in place a no contact order between me and my mom?
S. Douglas Elliott
S. Douglas Elliott answered on Nov 14, 2019

She can't sign her rights away as their is no right or private termination. If there was then deadbeat parents would just sign their rights away and never pay child support.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: My mother passed 10 months ago with no will. Her name is the only name on the title. My father still lives in the house

and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?

S. Douglas Elliott
S. Douglas Elliott answered on Nov 11, 2019

A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: I want to adopt my wife's 30 year old daughter. everyone involved wants this to happen. what cost is involved?

I'm in yukon ok, Canadian county

Doak Willis
Doak Willis answered on Nov 4, 2019

Paying an attorney for the adoption which runs anywhere from $1500 plus court costs up to whatever the market where you live charges.

1 Answer | Asked in Family Law for Oklahoma on
Q: How would a teen get emancipated?

Child’s parent is too hard upon child.

Doak Willis
Doak Willis answered on Nov 4, 2019

Just because a parent is too hard on a child is not sufficient grounds to emancipate a child. There are statutory prerequisites that must be met before a petition can be filed on behalf of a child for emancipation. You need to hire an attorney to speak to him/her about the requirements and have... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Where is the formal petition for termination of guardian?

Biological father wants to dissolve a guardianship

Doak Willis
Doak Willis answered on Nov 4, 2019

There is no formal petition to terminate a guardianship. A motion must be filed along with an order for hearing which must be served upon the guardian to terminate the guardianship. The reason and purpose that the guardianship was created for on the ward must be shown at that hearing as having been... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: if the mother has made false accusations about the father, is it grounds for termination of his rights? what to do next?

the father is being treated as if his rights have been terminated, based on false info from the mother, who has failed to comply with the courts & has been unconfronted by the courts for non compliance. meanwhile, father is denied visitation etc. **this is for oklahoma not new mexico**

Doak Willis
Doak Willis answered on Nov 4, 2019

Get an attorney immediately to rectify this situation. You will need an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: 60/40 is the plan. He only typically has them every other weekend. I want to change the custody. He won’t agree.

He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »

Doak Willis
Doak Willis answered on Nov 4, 2019

You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.

1 Answer | Asked in Family Law for Oklahoma on
Q: I would like to pursue a petition to request guardianship for an adult must an attorney create that

I am a senior citizen on limited income

Doak Willis
Doak Willis answered on Nov 4, 2019

Unless you know how to create the necessary documents that must be filed in court and served upon the ward, then you will need an attorney.

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on
Q: I was married in 2009 I got a divorce and I have a court order for me to pay child support I produced a DNA test during.

I produced a dna test during the divorce and the judge threw the DNA test out and forced me to pay child support

Doak Willis
Doak Willis answered on Nov 4, 2019

I suppose your question is why you have to pay and he threw out the test. There are certain laws governing children born during the marriage which could be used in your circumstance to do what the Judge did in not allowing the test results. If you lived with the mother and child for two years for... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Do still have to pay child support if I terminated my rights as an parent?
Doak Willis
Doak Willis answered on Nov 4, 2019

Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My kids are 15 13 and 11 there is a history of abuse with the step mom I owe 30000 back child support can I get cousty

The 13 year old hates the step mom and needs to be gotten out of the home before something bad happens

Brian Boeheim
Brian Boeheim answered on Oct 24, 2019

The back child support shouldn't have any impact. The issue really is whether there is a material change in circumstances. If the kids are having problems in school or struggling at home and they would be wiling to tell the judge that, then you have some grounds for a modification, but there are... Read more »

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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