Oklahoma Family Law Questions & Answers
Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?
1 Answer
| Asked
in
Family Law, Child Support and Native American Law
for
Oklahoma
on
Answered on Feb 17, 2019
Answered on Feb 17, 2019
Q: My daughter was kidnapped by her mother and i live in oklahoma. She took her to alaska now cps is adopting her out.
Pete David Louden's answer
More facts would need to be know to give you an answer such as whether or not there is a custody order, how long ago the child left Oklahoma with the mother, what legal actions you have taken and when, etc. Contact an attorney directly to discuss options.
More facts would need to be know to give you an answer such as whether or not there is a custody order, how long ago the child left Oklahoma with the mother, what legal actions you have taken and when, etc. Contact an attorney directly to discuss options.
Q: Can I be required to pay child support for periods of time when I was legally married to my kids mother?
Doak Willis' answer
If you were married and the children and your spouse were living with you, you would not be required to pay child support during that time frame.
If you were married and the children and your spouse were living with you, you would not be required to pay child support during that time frame.
Q: How to emancipate yourself in the state of Oklahoma
Doak Willis' answer
Unless you know the law concerning emancipation in Oklahoma and the requirements to do so, you will need to hire an attorney to accomplish that if you qualify.
Unless you know the law concerning emancipation in Oklahoma and the requirements to do so, you will need to hire an attorney to accomplish that if you qualify.
Q: Can a side agreement be enforced due to "precedence" or does the decree stand if the verbal arrangement no longer works?
Doak Willis' answer
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.
Q: Does a family court judge change things when one party lies to the court and it is documented in a court minute order
Pete David Louden's answer
It seems that in most family law matters one party, or both, allege the other party has lied. If the court finds that someone has not been truthful with the court that person can be sanctioned.
It seems that in most family law matters one party, or both, allege the other party has lied. If the court finds that someone has not been truthful with the court that person can be sanctioned.
Q: Father of my children has been out of thier lives for over a decade. No child support, no contact.
Pete David Louden's answer
There are only two ways to terminate parental rights in Oklahoma:
1) the child is adopted or
2) the state can terminate rights for abuse or neglect in a deprived child case.
Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
There are only two ways to terminate parental rights in Oklahoma:
1) the child is adopted or
2) the state can terminate rights for abuse or neglect in a deprived child case.
Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.
Q: Will this law protect us? If me and my mother are not yet citizens, but we do have green cards, and residents for 10yr+.
3 Answers
| Asked
in
Criminal Law, Divorce, Family Law and Immigration Law
for
Oklahoma
on
Answered on Jan 20, 2019
Answered on Jan 20, 2019
Kelli Y Allen's answer
I'm not sure of your questions, but as long as you are permanent residents, you don't need to worry about an immigration issue. You may want to consider applying for naturalization.
I'm not sure of your questions, but as long as you are permanent residents, you don't need to worry about an immigration issue. You may want to consider applying for naturalization.
Q: If my sons mom cancels child support against me do I still pay back child support that I'm behind on?
Pete David Louden's answer
It would depend on your agreement and if any money is owed to the state. If all the money is owed to mom and she is willing to do an agreed order agreeing all support is paid in full you can do that. DO NOT rely on an agreement with her. You need to get a court order. If you do not get a court order it may bite you later in a big way.
It would depend on your agreement and if any money is owed to the state. If all the money is owed to mom and she is willing to do an agreed order agreeing all support is paid in full you can do that. DO NOT rely on an agreement with her. You need to get a court order. If you do not get a court order it may bite you later in a big way.
Q: Motion to modify custody filed & mailed to defendant's atty. Defendant hasn't filed a response. Do they still need to?
Doak Willis' answer
Unless the attorney agreed to accept service for his client you must first serve the defendant personally and not the attorney. If the attorney agreed to the service, you should file a motion for default judgment and get an order for hearing date set and file it with the motion and serve it on the attorney. If they don't show for that hearing, you will win by default.
Unless the attorney agreed to accept service for his client you must first serve the defendant personally and not the attorney. If the attorney agreed to the service, you should file a motion for default judgment and get an order for hearing date set and file it with the motion and serve it on the attorney. If they don't show for that hearing, you will win by default.
Q: Grandparent of my children asked to babysit while we remodeled and went to the court and filed for emergency cust.
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Probate
for
Oklahoma
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Doak Willis' answer
Immediately hire you an attorney who practices guardianship law and family law. Emergency guardianship may be hard to get by them unless they can show your children are in imminent danger to their health, safety, or possible death.
Immediately hire you an attorney who practices guardianship law and family law. Emergency guardianship may be hard to get by them unless they can show your children are in imminent danger to their health, safety, or possible death.
Q: If judgement was in dads step brother cam we take him back to court
1 Answer
| Asked
in
Family Law, Real Estate Law and Energy, Oil and Gas
for
Oklahoma
on
Answered on Dec 30, 2018
Answered on Dec 30, 2018
Doak Willis' answer
Your question is confusing. This appears to be a question concerning heirship and whether you can prove you were an heir of the deceased. You stated they wanted DNA evidence which a test can be taken but your facts don't address whether it was ordered or not and the results. You should make an appointment with an attorney and see that attorney and explain all the facts of the case. The attorney can better advise you then. If there was a judgment, you must see that attorney within 30 days in...
Your question is confusing. This appears to be a question concerning heirship and whether you can prove you were an heir of the deceased. You stated they wanted DNA evidence which a test can be taken but your facts don't address whether it was ordered or not and the results. You should make an appointment with an attorney and see that attorney and explain all the facts of the case. The attorney can better advise you then. If there was a judgment, you must see that attorney within 30 days in...
Q: I need someone to help me get full parental right over my son
Pete David Louden's answer
If there is no existing order and the child lives in Oklahoma you would file in the county where the child resides. Where in Oklahoma is your case?
If there is no existing order and the child lives in Oklahoma you would file in the county where the child resides. Where in Oklahoma is your case?
Q: My husband and his ex have joint custody of their 3 kids. They agreed in mediation that he'd pay 60$ weekly in child
Pete David Louden's answer
I understand how its possible to get behind, especially with a new baby. Just get it caught up as quick as you can and then there's nothing she can do.
I understand how its possible to get behind, especially with a new baby. Just get it caught up as quick as you can and then there's nothing she can do.
Q: how do I keep the other party from moving our case to another county?
Pete David Louden's answer
First step is have an attorney review your case and they will then be able to tell you the best way to defend a transfer of venue.
First step is have an attorney review your case and they will then be able to tell you the best way to defend a transfer of venue.
Q: When filing a motion to modify custody in ok do I need a summons and complaint with the motion when they're served
Doak Willis' answer
You would need to have your motion to modify along with an order for hearing for the Judge assigned to the case to sign and give it a date for hearing. Once that is done, the motion and order for hearing are filed in the Court Clerks office and a copy of each of those documents is then served personally upon the other party.
You would need to have your motion to modify along with an order for hearing for the Judge assigned to the case to sign and give it a date for hearing. Once that is done, the motion and order for hearing are filed in the Court Clerks office and a copy of each of those documents is then served personally upon the other party.
Q: If kids are 13 and 15..do they have a choice where to go if mother dies and father becomes custodial parent?
Pete David Louden's answer
The preference of the children could be considered by the court and the boyfriend could try to file a guardianship. To get a guardianship over a parent the court would have to find the parent unfit. Cases like this are fact dependant and really cant be fully addressed in this format. To get a reliable answer contact an attorney and discuss in detail all the fine points of the situation and then they can give you an opinion.
The preference of the children could be considered by the court and the boyfriend could try to file a guardianship. To get a guardianship over a parent the court would have to find the parent unfit. Cases like this are fact dependant and really cant be fully addressed in this format. To get a reliable answer contact an attorney and discuss in detail all the fine points of the situation and then they can give you an opinion.
Q: My son is from Oklahoma and has been put up for adoption.
Pete David Louden's answer
This is going to be fact dependant. Best answer is contact an Oklahoma attorney and fully explain what has happened up to this point and then they will be able to explain your options.
This is going to be fact dependant. Best answer is contact an Oklahoma attorney and fully explain what has happened up to this point and then they will be able to explain your options.
Q: Can I terminate my daughter's dads rights if he is in jail?
Pete David Louden's answer
There are only two ways to terminate parental rights in Oklahoma. 1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.
If at some point you remarry and want to do a step parent adoption that may be an option.
You could also pursue a name change but would have to give the father notice.
There are only two ways to terminate parental rights in Oklahoma. 1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.
If at some point you remarry and want to do a step parent adoption that may be an option.
You could also pursue a name change but would have to give the father notice.
Q: how do I find help on a appeal when she used legal aid and judge seen text where she told me to come and still granted p
1 Answer
| Asked
in
Appeals / Appellate Law, Child Custody and Family Law
for
Oklahoma
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
Pete David Louden's answer
This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.
This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.
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