Lawyers, Answer Questions  & Get Points Log In
Oklahoma Family Law Questions & Answers
2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: If a parent voluntarily gave up custody of their child to the grandparents, can they get child back

If a parent voluntarily gave up custody of their child and allowed the grandparents to adopt, can the child come live with them if they choose at age 12? Or come live with them again at all?

Charles Watts
Charles Watts answered on Jan 19, 2021

In a short answer, No and yes. You can no longer get the child back as your children because your rights have been terminated. If the child wants, and if the child's legal parents (your parents it appears) choose to let the child stay with you, that is their right as the parents, however, in... Read more »

View More Answers

1 Answer | Asked in Family Law for Oklahoma on
Q: Can a paternity suit against an American be filed in a US Court from Italy or does the plaintiff need to be in the US?
Pete David Louden
Pete David Louden answered on Jan 16, 2021

Hire an attorney in the state where the case will be filed and they will be able to help you.

1 Answer | Asked in Family Law for Oklahoma on
Q: What if the parent has been estranged for 10 or more years? Does the sibling have rights?
James Tack Jr
James Tack Jr answered on Jan 12, 2021

Unsure what the question relates to. inheritance rights do not diminish because of distance or estangement.

1 Answer | Asked in Family Law for Oklahoma on
Q: What if the parent has been estranged for 10 or more years? Does the sibling have rights?
Pete David Louden
Pete David Louden answered on Jan 12, 2021

Nothing happens unless someone takes some type of legal action.

Not sure what you mean by siblings having rights. Rights to what?

There is not enough information provided to give you a more specific answer.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can you file for abandonment against someone if they wrote a letter saying they abandoning their kids

My brother takes care of his kids full time. They were born out of wedlock and the mother has a history of mental illness. She has been like this for the past 2 years. She often states that God tells her to do things, says horrible things and has been in and out of hospitals. She just wrote him a... Read more »

Pete David Louden
Pete David Louden answered on Jan 11, 2021

He needs to hire an attorney to file a petition for custody. He should act fast before the situation changes.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: If I find out the child that I'm paying child support for is not mine can I stop payment
Pete David Louden
Pete David Louden answered on Jan 4, 2021

First, don't agree to any support order without first conducting genetic testing to make sure the child is yours. If this has already happened there may or may not be something that can be done now. It is very fact dependant so schedule a consultation with an attorney asap to learn your options.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Oklahoma on
Q: My husband has a 1st offense dv a&b w / strangulation, what happens if I want the charges dropped?

I didn't want him arrested, there was no asphyxia as I could still breathe. There is no bruising. I don't want to press charges. I want him released, but I don't know what to do to make that happen.

David A. Cincotta
David A. Cincotta answered on Dec 30, 2020

First, your husband needs an attorney. The charge is a serious one. Once the case has been submitted to the DA by the police, the decision on whether to proceed and how to do so rests with the prosecutor. You may no longer wish for the prosecutor to proceed (whether through a declination of charges... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If you already have a case going can the other party get a lawyer after the fact.

I have a case going to try and modify my divorce decree to get visitation. But because it has been a long time since I saw my children it is taking a while. My question is, if my ex gets enough money can she hire a lawyer even though we've had a hearing and a review. The modify hasn't... Read more »

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

Yes, either party can hire an attorney at any time.

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Is it illegal for a judge to deny you council during a divirce?

I was denied the right to find another lawyer for our divorce. Hard to explain in a summary. But my lawyer was Haha hehehe with my ex husband's attorney when u arrived for court my lawyer pulls me aside and quits and takes everything like police reports domestic violence pictures and so... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

If you mean does the court appoint an attorney for you like in a criminal case, no.

You would need to hire an attorney to represent you in a divorce case.

View More Answers

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Oklahoma on
Q: My husband falsified a lease to obtain an Oklahoma driver's license nit Oklahoma residents who takes care of this

He filed for a divorce under same ID im driving 6 hrs neither of us are residents of the state he then lied and put an exparte on me the judge rolled her eyes when I chose to fight an attorney I paid did not go to court dropped it seeing me for 10,500 I paid him 1500 up front he made me print out... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

Did you have a question?

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Can CPS or family keep a child away without proof of a court order in Oklahoma?

CPS went to a young mom's house, saw she had a physical disability and claimed it would hinder her ability to pick up her newborn child and that she couldn't be alone with the child and told her to take the child to the sisters house (mom is in a wheelchair). That was a year ago and the... Read more »

Pete David Louden
Pete David Louden answered on Dec 19, 2020

Sounds like there are probably more details to this case than what has been included here. I think she should be prepared to explain why she didnt take legal action the very same day the child was removed instead of waiting a year.

Before she does anything she needs to have an attorney...
Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Say a 16 yr old girl has to visit her dads on the weekend. If she gets a job on the weekends will she be forced to quit?
Pete David Louden
Pete David Louden answered on Dec 18, 2020

If there is a court order for visitation then the child visits when the order says the child visits. If she wants a job it would need to be a job that does not schedule her during visitations. In the alternative, if the parents are both mature enough to coparent, they can talk and try to work... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: He wont stop sending CS certified mail, its not on time and P.O. closes before I get off work, how do I just garnish?

I have asked several times for him to stop sending that way but he still does, the papers say the 1st of every month but I always get it between the 12th and 15th. Is there a way to garnish it without Child support enforcement?

Pete David Louden
Pete David Louden answered on Dec 14, 2020

Yes. You can hire a private attorney to help you get a wage assignment. Support would then be withheld from his check and sent to you directly.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Can cps stop me from signing sole custody of my children to my mother?
Pete David Louden
Pete David Louden answered on Dec 13, 2020

Yes.

1 Answer | Asked in Child Custody, Family Law, Communications Law and Juvenile Law for Oklahoma on
Q: i’m 16 and my mom always calls me a problem child. i’m drained trying to b perfect. we disagree on a lot and have a lot

before but i always think we’re past it and she’s very passive aggressive and harps on my relationship constantly and it’s really driving me away from her. i’ve been wanting to move out for a long time now but i’m not sure how to go about leaving. i have a place i can stay but no job yet... Read more »

Pete David Louden
Pete David Louden answered on Dec 12, 2020

Until you are 18 your mother makes the rules. You only get one mother so you should show her the ultimate level of respect.

2 Answers | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: How would I go about fighting dhs back. Should I get the hospital reports

Regarding the false accusations with dhs and myself

Pete David Louden
Pete David Louden answered on Dec 8, 2020

Hire an attorney before you do anything. Your attorney will tell you the best way to move forward and what information they will need to defend you.

View More Answers

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Should I hire an attorney for dhs making false accusations?

Dhs took my son and said he and I both tested positive for fentanyl but come to find it it was the anestelogist that gave it when I had a emergency c section. But I have a previous dhs case that has been closed. Will it do me any good to find it.

Pete David Louden
Pete David Louden answered on Dec 8, 2020

Yes, no doubt about it you need an attorney.

3 Answers | Asked in Child Support and Family Law for Oklahoma on
Q: Do you know the qualification for the lack of providing child support for the child in terminating the paternal rights?

Is it still not complying with the court ordered payments for 6 of the previous 12 months? Also is paying partial payments considered complying or not since the full amount was not received?

Pete David Louden
Pete David Louden answered on Dec 5, 2020

There is no termination of rights unless it is done in an

adoption proceeding. Must show no support and/or no relationship for 12 of the last 14 months to adopt without the consent of the parent. See an adoption attorney to learn more about the process.

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: what to expect with first offense domestic a&b charge?

My brother was arrested yesterday for domestic a&b after my sister attacked him. She pressed charges against him but he did not against her. She wont show up to court she is addicted to drugs and hardly there. What should I expect? I am very scared he is going to get prison time over this. She... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 2, 2020

If it is a first offense, it should only be a misdemeanor. That means the worst he can get is 1 year jail time. If she is not going to testify against him then most likely it will be dismissed unless he gave a statement incriminating himself or someone else witnessed the altercation and they are... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Can I move in with one of my family members if I am the age of 16?

I am 16 and havent lived with my parents for almost two years but they have complete control over me and they dont want me to have a social life and my step mom doesnt like me but my cousin wants me to live with them and like I really want to but im scared of my parents and dont know what to do!!!

Pete David Louden
Pete David Louden answered on Nov 23, 2020

You would need to ask your parents for permission.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.