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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: My mother passed 10 months ago with no will. Her name is the only name on the title. My father still lives in the house

and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?

S. Douglas Elliott
S. Douglas Elliott answered on Nov 11, 2019

A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: I want to adopt my wife's 30 year old daughter. everyone involved wants this to happen. what cost is involved?

I'm in yukon ok, Canadian county

Doak Willis
Doak Willis answered on Nov 4, 2019

Paying an attorney for the adoption which runs anywhere from $1500 plus court costs up to whatever the market where you live charges.

1 Answer | Asked in Family Law for Oklahoma on
Q: How would a teen get emancipated?

Child’s parent is too hard upon child.

Doak Willis
Doak Willis answered on Nov 4, 2019

Just because a parent is too hard on a child is not sufficient grounds to emancipate a child. There are statutory prerequisites that must be met before a petition can be filed on behalf of a child for emancipation. You need to hire an attorney to speak to him/her about the requirements and have... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Where is the formal petition for termination of guardian?

Biological father wants to dissolve a guardianship

Doak Willis
Doak Willis answered on Nov 4, 2019

There is no formal petition to terminate a guardianship. A motion must be filed along with an order for hearing which must be served upon the guardian to terminate the guardianship. The reason and purpose that the guardianship was created for on the ward must be shown at that hearing as having been... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: if the mother has made false accusations about the father, is it grounds for termination of his rights? what to do next?

the father is being treated as if his rights have been terminated, based on false info from the mother, who has failed to comply with the courts & has been unconfronted by the courts for non compliance. meanwhile, father is denied visitation etc. **this is for oklahoma not new mexico**

Doak Willis
Doak Willis answered on Nov 4, 2019

Get an attorney immediately to rectify this situation. You will need an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: 60/40 is the plan. He only typically has them every other weekend. I want to change the custody. He won’t agree.

He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »

Doak Willis
Doak Willis answered on Nov 4, 2019

You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.

1 Answer | Asked in Family Law for Oklahoma on
Q: I would like to pursue a petition to request guardianship for an adult must an attorney create that

I am a senior citizen on limited income

Doak Willis
Doak Willis answered on Nov 4, 2019

Unless you know how to create the necessary documents that must be filed in court and served upon the ward, then you will need an attorney.

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on
Q: I was married in 2009 I got a divorce and I have a court order for me to pay child support I produced a DNA test during.

I produced a dna test during the divorce and the judge threw the DNA test out and forced me to pay child support

Doak Willis
Doak Willis answered on Nov 4, 2019

I suppose your question is why you have to pay and he threw out the test. There are certain laws governing children born during the marriage which could be used in your circumstance to do what the Judge did in not allowing the test results. If you lived with the mother and child for two years for... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Do still have to pay child support if I terminated my rights as an parent?
Doak Willis
Doak Willis answered on Nov 4, 2019

Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My kids are 15 13 and 11 there is a history of abuse with the step mom I owe 30000 back child support can I get cousty

The 13 year old hates the step mom and needs to be gotten out of the home before something bad happens

Brian Boeheim
Brian Boeheim answered on Oct 24, 2019

The back child support shouldn't have any impact. The issue really is whether there is a material change in circumstances. If the kids are having problems in school or struggling at home and they would be wiling to tell the judge that, then you have some grounds for a modification, but there are... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for Oklahoma on
Q: My father passed away with no will, but he has a wife. He had his own business, and all bank accounts were separate from

His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and attempting to drain... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 13, 2019

I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.

If we can help,...
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: I need a template to write this myself. Can someone help please .!!!!!
Brian Boeheim
Brian Boeheim answered on Oct 5, 2019

I am sorry, but I am not certain what type of template you are requesting? Over and over again, I see people who attempt to file petitions themselves and not only do they spend an enormous amount of time doing it, but the stress ends up being far more than anyone should have to deal with. Also,... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I have custody mom took them agreed to bring them back next day it has now been 4 years and haven't seen or heard from

them. From what I know they are still in Arkansas or oklahoma can I legally take them back. How do i legally get them back or atleast be in their life.

Brian Boeheim
Brian Boeheim answered on Sep 27, 2019

If you have custody, you can always file a writ of habeas or writ of assistance. There is a specific way to do that for out of State writs. With that said, there may be a challenge since it has been 4 years.

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: My sister in law was on drugs and dhs took the baby. Now my sister in law is clean, but her boyfriend isnt. She is

Clean 100% and she passed her tests. Also she is pregnant.. horrible situation turned worse. We want to help her and she is coming to live with us. Us being my husband and i, he is her brother.. She is due next month. Dhs wants to take this baby too... because her boyfriend is still on durgs. But... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 26, 2019

DHS is a funny agency in that it sometimes all depends not the case worker you have. There is a big difference between having your child removed based on a deprived action and having your parental rights terminated. If she is working a plan after a deprived adjudication or waiver, then it makes... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Does Oklahoma family court recognize Parental Alienation?
Pete David Louden
Pete David Louden answered on Sep 25, 2019

Yes, but only if it can be proven.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: In OK (Tulsa County), can I have all open Family Court cases, consolidated into one case, under one judge?

DHS is involved because I receive aid from the state to offset daycare costs

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

There are some actions you can consolidate if the parties to the action are the same, the claims arise substantially out of the same events/circumstances, and the statutes allow for it. You should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma for help.

1 Answer | Asked in Family Law for Oklahoma on
Q: My 16 year old grandson wants to move in with his grandparents. His dad has temp custody. Can he leave if he wants

His dad lied in court about things that were not going on with there mom. Both kids want to go home. Can the boy leave, he is 16

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

As the child's legal custodian, the father is charged with his/their well-being. As such, he can decide (mostly) where the child stays and when the child stays there. Unless someone can show to the Court that the child is in danger, or where the child is staying is not in the child's best... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: How do I legally approximate a marriage?

My partner and I do not want to get married, but do want to ensure that we are each other's beneficiary, etc. We already have joint bank accounts, and plan to file Powers of Attorney. However I'm wondering if there are other rights and privileges spouses have which could be simulated through legal... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

There are other rights and benefits that a spouse receives upon the death of the other, i.e. possession of real property, life insurance, retirement plans. There are also, potentially, health care decisions that could be made by a spouse. There are mechanisms that can be put in place to insure... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: Can I file kidnapping charges on my ex wife, if she takes my kids away somewhere, so that I cant have them on my days?
Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

If your wife takes the kids away and denies you your visitation, and you have a Court Order in place that memorializes your visitation schedule, you can apply to the Court to have her held in contempt of that Court Order. If she is found guilty of contempt, the Judge may impose fines that could... Read more »

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: How do I write a motion to set aside I need to write a motion to set aside emergency temp custody

The temporary custody was only granted until I provided a negative drug testoh, I have three of them I just don't know how to get them to the judge

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

An emergency custody order should be set for hearing within ten days under OK law. I recommend hiring an attorney well-versed in family law in Oklahoma and appear at the hearing to provide evidence in support of your position.

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