Oklahoma Family Law Questions & Answers
Q: How do I get my husband's ex es to leave us alone and stop harassing us and slandering our names?
Kyle Persaud's answer
If the exes have done new things since the judge dismissed the protective order, then you can file a petition for another protective order.
If the exes have done new things since the judge dismissed the protective order, then you can file a petition for another protective order.
Q: What are the laws of audio and video inside your house of children being envolved or people walking in your house.
1 Answer
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Family Law, Child Custody, Civil Rights and Securities Law
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Oklahoma
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Answered on Apr 13, 2019
Answered on Apr 13, 2019
Pete David Louden's answer
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.
Q: How do i get my kids back the judge gave her other 30 days to get more evidence against me and they have cameras
1 Answer
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in
Family Law, Child Custody, Civil Rights and Education Law
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Oklahoma
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Answered on Apr 13, 2019
Answered on Apr 13, 2019
Pete David Louden's answer
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.
Q: The baby daddy won't let the mother see or talk to the daughter and they have no custody agreement and are not married
Doak Willis' answer
If the child resides in Oklahoma the law states that the mother of the child has custody until the father of the child is determined by paternity testing. The mother needs to hire an attorney now to possible get the child returned to her until parentage is determined through a paternity proceeding.
If the child resides in Oklahoma the law states that the mother of the child has custody until the father of the child is determined by paternity testing. The mother needs to hire an attorney now to possible get the child returned to her until parentage is determined through a paternity proceeding.
Q: My first cousin got emergency custody of my 4 kids. How do i get them back she will not give my kids back.
Kyle Persaud's answer
The judge should give you a hearing within ten days of granting emergency custody to your cousin. At the hearing, argue why custody should be returned to you.
For a nonparent to gain custody, the non parent has the burden of proof.
The nonparent must prove that you are unfit.
If the nonparent can't prove you are unfit, the judge should return the children to you.
The judge should give you a hearing within ten days of granting emergency custody to your cousin. At the hearing, argue why custody should be returned to you.
For a nonparent to gain custody, the non parent has the burden of proof.
The nonparent must prove that you are unfit.
If the nonparent can't prove you are unfit, the judge should return the children to you.
Q: can i sue my mom for not paying my medical bills even though I'm 18
1 Answer
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in
Family Law, Collections, Health Care Law and Small Claims
for
Oklahoma
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Kyle Persaud's answer
If your mother agreed to pay your medical bills, then, legally, you can sue.
However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.
If your mother agreed to pay your medical bills, then, legally, you can sue.
However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.
Q: Can an 18 yr. old still attending in high school relocate with divorced parent without permission of the court?
Kyle Persaud's answer
When he's 18, he's no longer under the jurisdiction of the court, for custody purposes.
When he's 18, he's no longer under the jurisdiction of the court, for custody purposes.
Q: My mother passed away leaving us homeless on top of mourning so i let my son stay w his grandma for couple weeks while i
Kyle Persaud's answer
Are you the mother, or are you the father?
If you are the father, were you ever married to the mother? If not, were you ever adjudicated the father? Did the child reside in your home the first two years of his life? Were you named on the birth certificate?
If you were never married to the mother, were never adjudicated the father, and the child did not reside in your home the first two years of his life, and you were not named on the birth certificate, then you may not have...
Are you the mother, or are you the father?
If you are the father, were you ever married to the mother? If not, were you ever adjudicated the father? Did the child reside in your home the first two years of his life? Were you named on the birth certificate?
If you were never married to the mother, were never adjudicated the father, and the child did not reside in your home the first two years of his life, and you were not named on the birth certificate, then you may not have...
Q: I read the law about child custody and since I am no longer to register as a sex offender I have no rights to my child
Kyle Persaud's answer
Oklahoma Statutes, title 43, Section 112.2(B)(1) says,
"B. There shall be a rebuttable presumption that it is not in the best interests of the child to have custody or guardianship granted to a person who:
1. Is subject to or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state;"
Note the language "is subject to or has been subject to the registration requirements." Thus, if you have been...
Oklahoma Statutes, title 43, Section 112.2(B)(1) says,
"B. There shall be a rebuttable presumption that it is not in the best interests of the child to have custody or guardianship granted to a person who:
1. Is subject to or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state;"
Note the language "is subject to or has been subject to the registration requirements." Thus, if you have been...
Q: i (an 18 year old) live with my parents and they say they have the right to all of my things even if i paid for them
1 Answer
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in
Family Law, Civil Rights, Juvenile Law and Small Claims
for
Oklahoma
on
Answered on Mar 31, 2019
Answered on Mar 31, 2019
Doak Willis' answer
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.
Q: Can a 16 year old almost 17 move out of their parents home legally? Is the parent responsible for any trouble they cause
1 Answer
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in
Family Law, Child Custody and Civil Rights
for
Oklahoma
on
Answered on Mar 31, 2019
Answered on Mar 31, 2019
Doak Willis' answer
There is no legal method of allowing your daughter to move out on her own. However, many children that age do so and DHS is reluctant to get involved. As for you being liable for trouble she may cause, there is that possibility that you could indeed be held liable for her tortious actions.
There is no legal method of allowing your daughter to move out on her own. However, many children that age do so and DHS is reluctant to get involved. As for you being liable for trouble she may cause, there is that possibility that you could indeed be held liable for her tortious actions.
Q: I am needing to get financial power of attorney over my 16 year old biologiacal child. What forms do I need?
Doak Willis' answer
If the money is in a bank, you should take your son to the bank with his I.D. and your I.D. and explain the situation. The bank may let you sign for him as his parent without having to spend money on getting a guardianship, which usually would require you hiring an attorney which would cost a fair amount. If the bank will allow you tom sign, problem solved.
If the money is in a bank, you should take your son to the bank with his I.D. and your I.D. and explain the situation. The bank may let you sign for him as his parent without having to spend money on getting a guardianship, which usually would require you hiring an attorney which would cost a fair amount. If the bank will allow you tom sign, problem solved.
Q: Back in September the Judge in the County where I reside granted an Emergency
Doak Willis' answer
Yes in Oklahoma when you move a certain number of miles from the Jurisdiction where you were divorced you must give some detailed notice and there is a time limitation also before you can move. Go see an attorney to do it right.
Yes in Oklahoma when you move a certain number of miles from the Jurisdiction where you were divorced you must give some detailed notice and there is a time limitation also before you can move. Go see an attorney to do it right.
Q: I have full legal and physical custody of my child. Would I get in trouble if I move states for a better job?
Kyle Persaud's answer
If you move a distance of more than 75 miles, you have to notify your ex at least 60 days before you move. If your ex does not file a written objection in court within 30 days of receiving the notice, you can move.
If your ex files a written objection in court, the court will hold a hearing on whether you can move. At your hearing, you can present evidence that your ex does not have a relationship with the child, and this can weigh in favor of the court allowing you to move.
If you move a distance of more than 75 miles, you have to notify your ex at least 60 days before you move. If your ex does not file a written objection in court within 30 days of receiving the notice, you can move.
If your ex files a written objection in court, the court will hold a hearing on whether you can move. At your hearing, you can present evidence that your ex does not have a relationship with the child, and this can weigh in favor of the court allowing you to move.
Q: Mu husband and I have guardianship of our two nieces and needed to know what the regulations were on relocating/moving.
Kyle Persaud's answer
If you want to move a distance of less than 75 miles, you don't have to do anything. You can move.
If you want to more a distance of more than 75 miles, you have to notify each adult entitled to the visitation of the child. To do this, follow the instructions in Okla. Stat. tit. 43 sec. 112.3.
Okla. Stat. tit. 43 sec. 112.3 says:
"5. "Relocation" means a change in the principal residence of a child over seventy-five (75) miles from the child's principal residence for a...
If you want to move a distance of less than 75 miles, you don't have to do anything. You can move.
If you want to more a distance of more than 75 miles, you have to notify each adult entitled to the visitation of the child. To do this, follow the instructions in Okla. Stat. tit. 43 sec. 112.3.
Okla. Stat. tit. 43 sec. 112.3 says:
"5. "Relocation" means a change in the principal residence of a child over seventy-five (75) miles from the child's principal residence for a...
Q: I'm paying for child care in my child support yet he doesn't go to daycare. What can I do to get the $239 per m removed
Kyle Persaud's answer
In general, the only way to get your child support reduced is to file a motion to modify.
In general, the only way to get your child support reduced is to file a motion to modify.
Q: i am a mother in oklahoma whose 5 children were illegally removed by falsifying documents, i have my case file on hand
2 Answers
| Asked
in
Family Law, Civil Rights, Constitutional Law and Juvenile Law
for
Oklahoma
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kyle Persaud's answer
I can't tell whether the children were legally removed, simply by looking at the documents alone.
The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the condition of the children, the condition of the home, and behavior of the parents.
If you can afford an attorney, it's probably best for you to consult one.
I can't tell whether the children were legally removed, simply by looking at the documents alone.
The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the condition of the children, the condition of the home, and behavior of the parents.
If you can afford an attorney, it's probably best for you to consult one.
Q: If a child moves out of oklahoma, would the child support case be transferred as well?
Kyle Persaud's answer
This is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Uniform Interstate Family Support Act (UIFSA).
Both the UCCJEA and UIFSA are very complicated. There are many factors to be considered in deciding whether to transfer a child support case, and in determining which state has jurisdiction. Based on the limited information you have provided, I cannot answer as to whether this case should be transferred out of Oklahoma.
To read the...
This is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Uniform Interstate Family Support Act (UIFSA).
Both the UCCJEA and UIFSA are very complicated. There are many factors to be considered in deciding whether to transfer a child support case, and in determining which state has jurisdiction. Based on the limited information you have provided, I cannot answer as to whether this case should be transferred out of Oklahoma.
To read the...
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