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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: How do I file a motion to stop relocation of my children?

My husband moved my children out of state with out judges permission an mine he made it seam like it was a visit but he has moved

Brian Boeheim
Brian Boeheim answered on Oct 23, 2020

You really need to hire an attorney for this type of action. It i a breach of the child custody order and would be considered contempt. There are certain hurdles a person must jump through if they move more than 75 miles or outside the agreed distance in the decree or paternity order.

1 Answer | Asked in Family Law for Oklahoma on
Q: When married, if property is purchased by one spouse then sold, is the other spouse entitled to share in profit?
Charles Watts
Charles Watts answered on Oct 19, 2020

Assuming that the property is purchased during the marriage then this is marital property and thus any sale of such property would be martial property as well. To be more specific contact a family law attorney as there are more than likely other facts that can sway how this question is actually... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: I need an attorney for court next month bc my sister is trying to adopt my daughter

I let my daughter stay with my sister a few years back bc my life was a chaotic mess . Dhs was involved w my other kid & my sister told me that the worker said I wasn’t allowed to see her. Then she went and got guardianship. I never received any notice of court bc she sent it to an address... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

There are specific notices that have to be given and if they sent it to your last known address then they most likely have met that obstacle (they are not responsible for keeping track of every place a person lives but the last known address, because in some cases, those people are bouncing around... Read more »

2 Answers | Asked in Family Law for Oklahoma on
Q: Can a judge dismiss a document after it has been sign and filed?

My husband is in the middle of a custody battle over his daughter. The mother of the child signed a document giving up her rights on her own accord in front of a notary. It was then filed with the court. At a pretrial hearing the judge dismissed it and helped her get a lawyer. Is this legal or did... Read more »

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

In Oklahoma there is no such thing as giving up or signing away parental rights absent an adoption or having rights terminated by the state. The fact that there was a notary makes no difference.

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2 Answers | Asked in Family Law for Oklahoma on
Q: Can a judge dismiss a document after it has been sign and filed?

My husband is in the middle of a custody battle over his daughter. The mother of the child signed a document giving up her rights on her own accord in front of a notary. It was then filed with the court. At a pretrial hearing the judge dismissed it and helped her get a lawyer. Is this legal or did... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

The document is an unenforceable document therefore the judge disregarding that is correct. In Oklahoma, there are 2 ways of giving up parental rights; 1) During a legal adoption proceeding where the parents voluntarily (or involuntarily in some cases) consent and give up their rights, or 2) DHS... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My sons father likes to tell people hes there for my 10 month old son and hes not.

Im trying to see what the odds are of getting soul custody of my son. Hes 10 months old and his father is bad into drugs and lives in his car because his ex kicked him out. He does have a job at a gas station but has only helped me twice since my son has been born with diapers. He never sees my son... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Not sure what your legal situation is at the moment, so it makes it hard to answer your question. There are two types of custody: Legal and Physical Custody. Legal Custody is about making decisions for the child. Examples would be where to go to school, church, medical treatment, etc. Physical... Read more »

1 Answer | Asked in Education Law and Family Law for Oklahoma on
Q: Father does not want to send daughter to school because of mask mandate. Separated but no legal action taken yet.

My still husband just found out that there is a mask mandate at our daughters school. He now refuses to send her to school for religious reasons ("do not fear") and wants her to be home schooled by him. I want her to go to school! I am working 40 hrs/week and can not homeschool her. Since... Read more »

Pete David Louden
Pete David Louden answered on Oct 10, 2020

Bottom line: if you cant come to an agreement and you feel strongly enough about going to school you will need to do whatever it takes to hire an attorney so you can seek a court order directing that the child attend school. I wish you the vest of luck with your case.

1 Answer | Asked in Family Law for Oklahoma on
Q: In the case of a separation, can a 16 year old choose to stay with her stepmother instead of moving out with her dad.

My daughter and her husband are separating. My SIL has a 16 year old daughter from a previous marriage. She has made comments that she doesn't want to leave and wants to stay with my daughter. Is she allowed to make that decision.

Pete David Louden
Pete David Louden answered on Oct 9, 2020

This is going to depend on what the parents want to happen.

A few general rules are:

1) Children don't make decisions.

2) A step parent would have no legal rights to the child unless both biological parents agreed for her to stay here.

3) The biological...
Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How much ia that? I just recently lost my job do I have no money
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

seems like you are requesting an price estimate? Without more information, it is impossible to answer your question. Sorry.

2 Answers | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: I just recently lost my job and my wife is refusing to let me see my kids been like this for going on 2 years.

please i don't know what to do

Pete David Louden
Pete David Louden answered on Oct 3, 2020

If you have a visitation order you can take action to enforce. If you do not have a visitation order you need to get one. Either way hire an attorney and they will be able to help you with the process.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Is it possible for a father to get at least 50/50 custody of his children from the mother in Oklahoma?

They were never married, no abuse except for mental abuse from her to him. They have 2 children but my husband accepts her other child as his and we have him when we have the others. Her family says she never has them, either we have them or her mother or sister do. Kids are 8, 9, and 12.

Pete David Louden
Pete David Louden answered on Sep 29, 2020

Is it possible? Yes. If the court believes that such an order is in the best interest of the child/children.

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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: How can I go by getting visitations with my six children if I am doing much better to provide for them?
Pete David Louden
Pete David Louden answered on Sep 26, 2020

If you do not already have a visitation order hire an attorney to help you petition the court for a visitation order.

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.

Ilana Sharpe
Ilana Sharpe answered on Sep 23, 2020

I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife has given me permission to sleep with other people. Is this still an affair to the courts in Oklahoma?

We are living at different homes and she explicitly said I could sleep with other people, which is saved in a text message. Is it possible for her to attempt saying I cheated on her despite having her permission?

Pete David Louden
Pete David Louden answered on Sep 22, 2020

Oklahoma is a no fault divorce state so under most situations none of this matters.

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my husband signs my daughters birth certificate, what legal standing does her biological father have?
Charles Watts
Charles Watts answered on Sep 21, 2020

By default a child born of a marriage is presumed to be a child of that marriage, therefore any challenge to that has to be brought by a challenging party claiming to have rights. I assume based on your question your husband and the biological father are not one in the same. Therefore, even if... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: In a common law marriage in Oklahoma is the wife responsible for medical bills of the husband?

The female partner, 72 years old, has always referred to herself as the "significant other," not as a wife. The male partner is 86 years old and not medically well.

Charles Watts
Charles Watts answered on Sep 21, 2020

Common Law marriage is a grey area in Oklahoma. If someone tells you that it doesn't exist, then they are wrong. It very much exists, just with some different terminology. There are some things that have to be shown to prove that a non-ceremonial union exist and there are many ways to... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: How can I do a turn around adoption to get my six children back into my custody asap?
Charles Watts
Charles Watts answered on Sep 21, 2020

This question is not as easy as step 1 - 2 - 3. Generally, once an adoption is finalized, then it is non-reversible. There are a few exceptions to this rule, however these exceptions are challenging to prove. This is something that you will need an experienced adoption attorney to help you with,... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Can a ward (adult and incompetent) be required to sign agreement on a mental health treatment plan?
Andrea Worden
Andrea Worden answered on Sep 8, 2020

If you are referring to an involuntary commitment, a judge will decide at the statutorily required hearing whether a person will be required to receive further treatment.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Is a custody modification likely?

My ex and I divorced 6 years ago, our child was 2 at the time. She got physical custody and I got a standard visitation schedule with joint legal custody.

In February of this she began allowing our child to spend every other week with me which continued through the summer. When school... Read more »

Charles Watts
Charles Watts answered on Aug 24, 2020

As with most legal questions the answer is usually … depends. When it comes to custody/more visitation there usually needs to be a significant change in order to modify. However, based on the few details that you provided, she has shown an acceptance to allowing more visitation in which that... Read more »

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