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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: In Oklahoma’s friend/someone dear too me is dealing with a verbal abusive father and half caring mother. She wants out

Basically the person my love that I truly care for her and she dealing with unable to attend a normal schooling and she has a abusive verbal dad that talks crap too her and her mother and I am wanting to get her out of that place and see about letting her move in she currently 15 but by May she... View More

Pete David Louden
Pete David Louden
answered on Feb 16, 2021

What is your relationship to the child?

1 Answer | Asked in Family Law for Oklahoma on
Q: How can I prove a common law marriage in OK if we didn't tell his family? Only trusted friends?

He late husband was 30yrs my senior and we knew his estranged family wouldn't approve. We didn't feel the need to tell everyone we came in contact with, only those special to us. We didn't get out much anyway. I have love letters from him and pictures that I think display our... View More

Charles Watts
Charles Watts
answered on Feb 13, 2021

For common law / non-ceremonial marriage it is a fact finding exercise requiring many different aspects and then the burden of proof is on the one claiming the marriage (you in this case). This is something that really you will need an attorney to assist you to put things in order to prove your... View More

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What steps should we take after we've /somewhat/ agreed on a custody arrangement

We were never married and very recently split. We've decided on 50/50 and are wanting to do something like 3 days-4 days until he finds work, which we would like to switch to his days off he gets our daughter.

Charles Watts
Charles Watts
answered on Feb 9, 2021

Both Pete and Brian are giving you sound advice. A Petition to Establish Paternity, Custody and Child Support is the smartest safest way to protect all parties. You are getting along now, but if you look in the courts you see millions of people that were getting along at one point that are no... View More

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1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: My husband & I decided to separate back in 2014-2016 & back together now so i want to take him off child support so how

My child support case is open in Lawton, Oklahoma but i reside in Oklahoma city, Ok now? Would i need to go back to lawton to have him removed or can i do it through oklahoma city oklahoma since the child support case is still in oklahoma state

Charles Watts
Charles Watts
answered on Feb 8, 2021

According to the DHS website https://oklahoma.gov/okdhs/library/policy/current/oac-340/chapter-25/subchapter-5/parts-15/assignment-and-transfer-of-cases-to-child-support-offices.html - They do not transfer to different offices unless there is a conflict of interest and based on your facts there is... View More

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My husband's daughter is 17 and has decided to move in with us. He pays child support. How can he stop paying it?
Charles Watts
Charles Watts
answered on Feb 8, 2021

If all he is worried about is the support then he needs to file for a modification with the DHS office that is handling the support. However, another option would be to file for modification of custody and child support because that will change the legal custody as well as readdress the child... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: I have voice recordings of my son being mentally and physically abused by his father the custodial parent.
Charles Watts
Charles Watts
answered on Feb 2, 2021

I am not sure if you have a question here, but if in fact this is accurate you need to notify DHS for an investigation to be opened. If you are wanting to challenge custody, then you need to contact an attorney.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: What does it mean when it says matter striken pending service to be reset by either party?

He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2021

stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take... View More

2 Answers | Asked in Family Law for Oklahoma on
Q: Can a 13 yr old choose to live with their dad if their mom has left them with their grandma

My daughters 13 years old friend wants to live with her dad, her mom has no home at the moment and left the kids at her moms house. The girl doesn't want to live with her grandma, she wants to live with her dad but her mom n grandma keep telling her no she can't go live with her dad. Her... View More

Charles Watts
Charles Watts
answered on Feb 2, 2021

Based on your question there are a lot of moving parts. If there truly is no custody papers, then the father has a legal right to the child. But this is a very touchy subject and would need to be researched fully to make sure there are no legal custody papers. If the maternal grandmother does... View More

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex was granted physical and legal custody of our children. What does that mean and what are my rights?
Brian Boeheim
Brian Boeheim
answered on Jan 28, 2021

Legal custody is the rights to make decisions about things like medical, religion, and school. Physical custody is that she is the primary custodian and has physical custody of the child. That does not mean you don't have rights to visitation. Did you file a Paternity action? Did you get a... View More

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... View More

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2 Answers | 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.

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2 Answers | 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.

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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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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.

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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... View 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... View 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...
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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... View More

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