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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I'm here to ask about Oklahoma common law marriage. Do you have to prove all elements for common law marriage?

I had a child with this person. We lived together so I could take care of our child. I never claimed to be married to this person. Everything was under my name. No joint accounts.Throughout the years there have been times where we seen other people physically and sexually; she actually lived with... Read more »

Charles Watts
Charles Watts
answered on Sep 27, 2022

Common law is a fact intensive situation. Just one element may or may not be enough to establish it. However the intent of the parties to be a married couple is what has to be established. This is done by the other times such as the filing of taxes, claiming another as spouse on insurance... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do you have to have your ex signature to sign away your rights as a parent

Due to extenuating circumstances and the fact that my ex has parental alienated my kids that they absolutely refuse to have anything to do with me, do I need her signature to relinquish my parental rights.

Charles Watts
Charles Watts
answered on Sep 10, 2022

Once a parent always a parent until your rights are relinquished as a process of law. You cannot just simply waive the rights unless you are giving consent for a step-parent to adopt. Even if you attempted to waive the rights you are still responsible for support until someone else fills that role... Read more »

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Family Law for Oklahoma on
Q: Y.is.mom.lawyer.asking.me.to.sign.over.temp. Sole if.unwed.mom.already.supposedly has Sole.by.default.Pat/Custody.pend

I have open pat/Custody pending. Legally i am the presumed natural father. my lawyer is telling me if i do not sign her temp order offer she will not allow anymore visits or contact with the kids. Is thier nothing I can do to see my kids without signing the offer I don't agree with? It's... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Your lawyer should be able to secure a visitation order for you if mom starts withholding visits.

Six months is long enough for the case to be pending. Attorney should get case set for trial.

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: My husband and I have been perfectly happy. My step daughter won't let me stay with them. What can I do to sue her

My husband has cancer and I have been his sole caregiver . Nobody in his family helped with anything.now that he's about to get his social security benefits she told him to move in with her and told me I can't stay with him. My husband is recovering from cancer so I would never want him... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 27, 2022

You should seek help from an experienced local probate attorney, who can file for guardianship of his person and estate. It should be no problem being appointed. You can then move husband back home.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: If my child moves back in with the her mother do I still receive back child support payments?

The mother never paid child support for 8 years because she was on drugs and chose other things besides her daughter. There is a court order for child support against the mother. A little over 2 years ago she started seeing my daughter again after my several attempts to get a hold of her. Now my... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 16, 2022

The $14k in back child support will not go away.

1 Answer | Asked in Family Law for Oklahoma on
Q: My father died January 2019 my mother died five months later June 2019 they both were obviously still married and

My father died January 2019 my mother died five months later June 2019 they both were obviously still married and I have one brother older and they had one granddaughter which is my daughter I wasn’t only not told of my parents death but when I talk to my brother when my mother died he said that... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 11, 2022

You need to immediately contact an experienced probate lawyer in the county of your parents residence for help with this matter.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Oklahoma on
Q: Can a 85 year old diagnosed with dementia revoke power of attorney or transfer it?

Oklahoma Durable Power of attorney question:

My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..

My grandmother wants to revoke or transfer durable power of attorney from a family... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 20, 2022

A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.

To create a new one, see an estate...
Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: My oldest daughter went to the judge and got emergency gaurdinship on my 9 yr old daughter w out us knowing

DHS came the day before and said we was ok is that legal to not let us know or even be able to defend ourselfes they came the day she went to judge showed up w cops and took my daughter

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 27, 2022

You should have received a notice of hearing. On such an important matter, you should obtain an experienced family law attorney to assist you at the hearing. Good luck.

2 Answers | Asked in Family Law for Oklahoma on
Q: My father recently passed away. About 6 months ago he purchased a sawmill for me and my wife. Now that he has passed

His executor of estate said he has bill of sell and wants it back. Only thing I have is all the people that my father told that he bought it for me

Charles Watts
Charles Watts
answered on Jun 24, 2022

Sorry for your loss. Due to the sensitive nature in dealing with wills/trusts you need to contact a probate lawyer to make sure your interests are represented.

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1 Answer | Asked in Family Law for Oklahoma on
Q: trial period for son she said no and brought up co pays and day care expenses from 5 yrs ago can she do this options plz

She has not provided any receipts and daycare expenses were from 5 years ago is there a statuette on this son wants to come live with me but she won't let him

Charles Watts
Charles Watts
answered on Jun 21, 2022

Assuming she has custody and you only have visitation, and If there is not an order saying she has to allow visitation (or visitation is dictated in the order) then it is within her rights to say no. You need to contact a family law attorney that can assist you with this, because these types of... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: joint legal custody and father is refusing to administer son's adhd medication during every other weekend visitation

5 year old not good to withdraw from meds for 2 days and what can i do

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 20, 2022

You need to contact your attorney to bring matter before the Court. The judge likely will order the meds given as prescribed.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: A family member has my kids and went to court for temporary custody it’s been more than a year since court and I want

And I want my kids back, they haven’t taken me back to court for it and i just want to know if I can show up and get my kids since the tempo custody was for 6 months and it’s been way past that. I just found out about this. My parents who have my kids dislike me very much. They had nothing... Read more »

Charles Watts
Charles Watts
answered on Jun 18, 2022

You do not have enough details to properly answer your question. However, as with almost any custody issue you should contact a family law attorney to discuss the specifics of your case and your options.

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1 Answer | Asked in Contracts, Family Law, Workers' Compensation and Antitrust for Oklahoma on
Q: what is my fiancé started lying about every of my rights and progress both emotionally
Charles Watts
Charles Watts
answered on Jun 13, 2022

There doesnt seem to be a question.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Can a custodial parent in Oklahoma receive child support while incarcerated?
Gary Johnston Dean
Gary Johnston Dean
answered on Jun 9, 2022

Only if the funds are used to support the child. It would be better for the actual custodian was paid.

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: Can my nephew 13 ask to live with me

So my nephew 13 - his dad will not get a job like is not trying lost their home and is bouncing between a drug addict friend and a house with no power or water

My nephew does not want to stay there - so his dad sent him to live with an aunt that he is really uncomfortable with to the point... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 2, 2022

I'm at a loss as to why DHS can't find abuse. Go ahead and take him in, and see an experienced family law attorney to file for legal guardianship. Good luck.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: What if we were not married?

How far in advance would I have to notify the other parent that we are moving if there is no custody agreement between us? And can they legally stop me from moving?

Charles Watts
Charles Watts
answered on May 15, 2022

This forum is a general forum and it is not as easy as a yes or no. You need to contact a family attorney for a consult to get your specific details.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How far in advance do you have let the other parent know your moving if there is no custody agreement?

Can they legally stop you from moving if there is no custody agreement?

Charles Watts
Charles Watts
answered on May 15, 2022

There is a default state statute on this and even if your decree is absent wording it is enforceable. However, it is more applicable to the primary custodial parent (or more specifically the one person who can declare the primary resident of the child). You should contact an experienced family law... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Oklahoma on
Q: My rights were terminated in NC 3 yrs ago Im now in Oklahoma can parental rights be restored, contact, anything and how

I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... Read more »

Charles Watts
Charles Watts
answered on May 12, 2022

If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: What happens when there has not been a discovery given to attorney and the case isnt going to trial

My dhs lawyer has been going back and forth for almost 3/4 months trying to get the discovery for our case from the courts and they keep beating around the bush. Now they are not even responding to him. I know that the discovery does not have to legally be given out (even though we are entitled to... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on May 11, 2022

I don't know what discovery the courts would be providing to you. Generally its the opposing party that you are requesting documents/information from and if they fail to comply with discovery requests you file a Motion to Compel. Your DHS attorney probably knows this.

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