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Oklahoma Family Law Questions & Answers
1 Answer | 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.

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
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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.

1 Answer | Asked in Family Law and Estate Planning for Oklahoma on
Q: Can power of attorney be revoked if person was not of sound mind at the time?

My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... Read more »

Charles Watts
Charles Watts
answered on May 9, 2022

There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... Read more »

2 Answers | Asked in Estate Planning and Family Law for Oklahoma on
Q: If my mothers non biological father dies with a will, with her being a half sibling is she entitled to any inheritances?

My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?

Charles Watts
Charles Watts
answered on May 6, 2022

Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... Read more »

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1 Answer | Asked in Family Law for Oklahoma on
Q: How can I relinquish the parental rights of the father of my son?

A protective order was issued against him for Me and my son for 5 years back in 2018.

Charles Watts
Charles Watts
answered on May 4, 2022

In short - your only option is a step-parent adoption has to take place. There is another way where DHS is involved but they wouldn’t be involved in your situation it doesn’t sound like. In essence the state will not terminate the rights of a parent without someone else assuming the rights (and... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Can I undo signing parental rights away a year ago in favor of a step parent adoption if that adoption never took place?

About a year ago, I decided that it was in my daughter's best interest to sign my parental rights away to allow her step dad to adopt her. I did this because we had been dragging out a custody battle for 4 years without ever actually going to court for custody. Every court day was more and... Read more »

Charles Watts
Charles Watts
answered on Apr 14, 2022

Your case has specific details that will be best suited with an attorney rather than this forum. Most will give a free phone consultation. I suggest you contact one sooner rather than later so that you can insure your rights if they in fact still remain intact.

1 Answer | Asked in Family Law for Oklahoma on
Q: What is the specific law in Oklahoma that states if a parent believes their child is in danger they are to refuse visits

With the other parent and file an emergency order? If they allow the children to go anyway they can be charged?

Charles Watts
Charles Watts
answered on Apr 3, 2022

Every case is different, but a reasonable belief is the starting point, there are many factors involved in this and since you would be violating a court order, you need to make sure that you are doing it in the manner in which you are allowed in order to not be held in contempt yourself. Allowing... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: I call this kidnapping by fraud, but how does a man ad himself to his wards birth certificate while mom is incarcerated?

Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... Read more »

Charles Watts
Charles Watts
answered on Apr 2, 2022

Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I want to get emancipated and I'm not sure of the process. How can I get emancipated without parent consent in Oklahoma?

I'm 16, I'm transgender (trans masc enby) and my parents are threatening to kick me out because of it. It's taking a toll on my mental health and I feel I would be better off living on my own as a legal adult. I want to be able to be myself, get my mental health in order, and keep a... Read more »

Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

I'm so sorry to hear about your situation. Emancipating is a difficult process and one that is not often used. It requires a "next friend" (an adult who will not work against your interests) to file a petition in court and give notice to your parents. The judge will decide at a... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Is it illegal for my custodial guardian my grandmother to tell me that i cant go to my dads if i havent cleaned my room
Charles Watts
Charles Watts
answered on Mar 12, 2022

Yes. If she is the custodian due to a guardianship then she has authority over you.

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1 Answer | Asked in Insurance Bad Faith, Estate Planning, Family Law and Probate for Oklahoma on
Q: How can I find out about my life insurance policy through Massachusetts Indemnity and Life Insurance Company?

My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 9, 2022

If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... Read more »

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