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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden
answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can I remove my 18 yr old daughter and her 20 yr old girlfriend without legal eviction?
Timothy Carignan
Timothy Carignan
answered on May 5, 2021

They are both legal adults. If they aren't paying rent, then they aren't tenants and don't have the rights that tenants have. You can ask them both to leave, and you can call a sheriff if they refuse.

However, this will almost definitely do great harm to your relationship...
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1 Answer | Asked in Divorce, Family Law and Personal Injury for Oklahoma on
Q: Is there a term in which a person can no longer sue for spousal abuse/domestic abuse/assault ?
Pete David Louden
Pete David Louden
answered on May 4, 2021

I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How can I sue for alienation of Affection? I have MANY witnesses that my marriage was great before other woman.

My husband has been talking to another woman on the phone. States they have not had sex but he wants a divorce because he is in love with her. Wants me to move out so she can move in our house.

Jessica Brown
Jessica Brown
answered on May 3, 2021

I'm sorry to hear about that. It's such a tough position.

That cause of action, alienation of affection, was abolished in Oklahoma in 1976.

I wish you the best.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... View More

Jessica Brown
Jessica Brown
answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Did judge deny me due process by setting a review hearing?

A judge in creek County ordered a emergency protective order to be transferred to tulsa to be heard in conjunction with pending FP case due to minor child listed. Creek County judge then sets a review date to be back in his court 90 days from then. Petioner never set a hearing in tulsa. Tulsa... View More

Pete David Louden
Pete David Louden
answered on May 3, 2021

Combining a VPO with a paternity or divorce case is common. After the cases were consolidated, was a hearing set (by either party) to address both matters in the paternity case?

Did the parties have attorneys or was this a pro se deal gone wrong?

2 Answers | Asked in Family Law for Oklahoma on
Q: My Ex husband is getting demanding with questions about our 16 y/o a week before court. Am I legally bound to answer?

He is constantly texting and expecting an immediate answer, if I don't he accuses me of maliciously ruining their relationship or even neglect.

Pete David Louden
Pete David Louden
answered on Apr 30, 2021

That sounds unreasonable to expect an immediate response. If you don't have an attorney hire one quickly before your hearing.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Is it legal to place a tracking/recording device in my wifes vehicle if i own the vehicle?

In the process of getting a divorce and my wife has been doing things against court orders, while in possession of our children, that i see as being potentially harmful to there wellbeing. I cant legally protect them without evidence and this is the only way i can see to obtain any. Thank you for... View More

Pete David Louden
Pete David Louden
answered on Apr 28, 2021

My opinion would be no. You will probably get a whole lot further if you hire an attorney and let them guide you on what type of evidence will be admissable in court and most helpful.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: what does this mean in my custody case? i was supposed to have a new court date but they posted this instead.

REQUEST FOR TEMPORARY ORDER HEARING IS DENIED. THERE IS A CHILD OF THE MARRIAGE (X2) SEE ALSO: FD-20-469. BOTH CHILDREN WERE BORN DURING THE MARRIAGE OF FD-20-469; MUST FOLLOW UPA.

Pete David Louden
Pete David Louden
answered on Apr 21, 2021

Without seeing the pleadings or knowing any of the details of your case I can only guess. It sounds like maybe a Petition for Divorce and Application for Temporary Order was filed that failed to disclose there were children of the marriage. I am also going to guess that this sounds like a pro se... View More

2 Answers | Asked in Family Law for Oklahoma on
Q: My sister's passed away leaving behind 3 kids she had no Will. Her friend has 2 of the kids. I want the kids

She has a court date but that's all I know. What can I do

Pete David Louden
Pete David Louden
answered on Apr 13, 2021

What you need to do is hire an attorney if you want to fight for guardianship of the kids.

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1 Answer | Asked in Family Law for Oklahoma on
Q: What is the next step to take, if a judge does not honor this law?
Pete David Louden
Pete David Louden
answered on Apr 6, 2021

Some additional information would be helpful in order to answer your question.

What specific law are you referring to?

Did an attorney say a law was not followed or is a pro se litigant saying a law was not followed?

What type of case: criminal, family, civil, protective order, etc?

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: can i lose my parental rights if i sign perimission to another family member to have partial parental rights?

my daughter lives with my cousin in another town because she is going to school there. They want to get her teeth fixed but in order for them to get her on their military insurance, she has to be part of their family so they want me to sign some kind of temporary parental control or something like... View More

Pete David Louden
Pete David Louden
answered on Apr 1, 2021

Parental rights in Oklahoma are only terminated in connection with an adoption or for abuse/neglect in a deprived child action. If there is a guardianship where someone else has control of your kids that does not terminate your rights, but it can give that person the right to have possession of... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Could or should I call the police if my ex decides she is going to keep our kids on my court mandated day?

Follow up to a previous question, thanks.

Pete David Louden
Pete David Louden
answered on Apr 1, 2021

Calling police won't help as this is a civil matter. The court enforces visitation orders, not the police.

If she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you...
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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex-wife is threatening to keep the kids on my day that is outlined in the court paperwork. What are my options?

She made plans on my day and has told the kids she is going to keep them whether I agree to allow her to or not. Could I call the police?

Pete David Louden
Pete David Louden
answered on Apr 1, 2021

If you have a court order for visitation and she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you could agree to a make up visitation day on one of her scheduled days. If it is... View More

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4 Answers | Asked in Family Law for Oklahoma on
Q: Does the state of Oklahoma allow annulments for the grounds of bigamy
Jessica Brown
Jessica Brown
answered on Mar 29, 2021

Yes, Oklahoma allows annulments on the basis of bigamy. Let me know if you have more questions.

I wish you the best.

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1 Answer | Asked in Family Law and Domestic Violence for Oklahoma on
Q: if you are 17 and pregnant and don't feel safe in your home can you leave?

I have the support from a cop and his wife that i lived with last time my dad was on drugs. i also have audio clips of him hurting my step mom. i just don’t want me or my baby around him

Jessica Brown
Jessica Brown
answered on Mar 24, 2021

I am so sorry to hear you are in this position.

Minors who are 17 can, if they are able to support themselves financially (and other considerations) petition the court for emancipation. That is a process where the court does what is called “grants rights of majority.” Essentially, the...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Can I terminate my son's father's rights and adopt him myself?

My son's father has been convicted on several counts of rape 2, forcible oral sodomy, and manufacturing child pornography. My son is 14 and no longer want's contact with his father. However everything I have read states I have to have a husband to do a step-parent adoption. Is there... View More

Charles Watts
Charles Watts
answered on Mar 20, 2021

There has to be someone to take the place of the parent being terminated. The only way to terminate rights is through an adoption or when DHS takes over to terminate. So in short, until you have been married for a year and have a step-parent adoption he stays on the books as father.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: We had a hearing for our Ex Parte Custody Order & the Defendant didn't show, the Judge extended it Whats our next step

We don't know if we need to petition something again or have him served with the new court orders?

Charles Watts
Charles Watts
answered on Mar 20, 2021

If the judge extended it then your next step is go to the next hearing date. Not knowing any of your specifics makes it challenging to answer otherwise. As Gary mentioned week a family law attorney for better guidance.

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3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Does Oklahoma mandate marital counseling before divorcing with kids? I already took the class for divorcing parents.
Charles Watts
Charles Watts
answered on Mar 16, 2021

No- counseling is not mandated. The only thing that will be required is the co-parenting class. I have seen this class waived for one parent if they are not receiving any visitation, but anyone receiving visitation/custody will have to go to the class.

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1 Answer | Asked in Child Custody, Family Law and Tax Law for Oklahoma on
Q: My son turned 18 in August . And I want to know if that nullified the child custody plan?

In the Child custody plan my ex is entitled to claim our “minor” child on his taxes, with the proper form. Is this still in affect, now that he is no longer a minor?

Pete David Louden
Pete David Louden
answered on Mar 2, 2021

It depends on if the child still in high school and the language of your court order. Have an attorney review your order and the facts of this matter for a reliable answer.

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