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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Elder Law, Family Law, Estate Planning and Civil Rights for Oklahoma on
Q: How can i take possession of my mothers ashes from the funeral home. I am her only surviving child.

My nephew has made all arrangements i had to find out she died from her nieghbor! No one in my family let me know. I think as her only living child i should have a right to her ashes so i know they are taken care of respectfully! How can i find out if she expressed any last wishes about who was to... View More

James L. Arrasmith
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answered on Aug 31, 2024

I’m sorry you’re going through this difficult situation. As the only surviving child, you generally have the right to make decisions regarding your mother’s ashes. You should start by contacting the funeral home directly, explaining your relationship and your concerns. Ask them if any... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Oklahoma on
Q: If the police are lying on a police report against you. What should you do

They came in screaming at me . Crime scene was had numerous people in it, had no case number for search warrant, took things before they had a search warrant. Made me leave while they searched, ignored my request for an advocate when trying to get me to sign oaperwork

James L. Arrasmith
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answered on Jul 27, 2024

If you believe the police are lying on a report against you, it's crucial to take immediate and careful steps to protect yourself. Start by documenting everything that happened as soon as possible. Write down the details of the incident, including the time, date, location, and the names or... View More

1 Answer | Asked in Family Law, Civil Rights and Education Law for Oklahoma on
Q: Can a kid be suspended for 6 wks for saying he hopes there's a school shooting so he doesn't have to do testing

I believe he is on the spectrum. And when asked if he wanted people to die just so he didn't have to take tests he did not think it through that far.

James L. Arrasmith
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answered on Jul 27, 2024

Yes, a child can be suspended for such a statement, especially given the serious nature of threats involving school shootings. Schools must prioritize the safety of all students and staff, so even comments made without harmful intent can lead to severe consequences. This is particularly true in... View More

1 Answer | Asked in Criminal Law, Family Law, Child Support and Civil Rights for Oklahoma on
Q: Can I sue my bigamist parents with bigamy since he passed and they knew?
James L. Arrasmith
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answered on Jun 21, 2024

To properly address this question, we'll need more information about the situation. However, I can provide some general insights based on the limited details given:

1. Bigamy laws: Bigamy is illegal in Oklahoma and most other states. It's typically considered a felony.

2....
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Public Benefits for Oklahoma on
Q: A deceased husband not living with wife. What is she entitled to ?
Timothy Carignan
Timothy Carignan
answered on Jun 12, 2024

If they’re still married, it doesn’t matter if they’re living apart. Typically, if a person dies without a will, the wife will receive everything unless there are children. This is yet another reason that everyone needs a will.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Do I have a good chance of getting custody of my little brother?

I was 6 years old when my brother was born, and I've been at least helping out with taking care of him his whole life, from grabbing and temperature-testing milk for him as a baby to feeding and putting him to bed recently, I have changed more of his diapers then his dad (my ex-stepdad). My... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 1, 2024

You should consult an experienced family law attorney to help you. Good luck.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: Can I buy a house and deed it in my name only if married in Oklahoma?

I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More

Anthony M. Avery
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answered on Feb 14, 2024

Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.

1 Answer | Asked in Family Law for Oklahoma on
Q: I've been paying child support for a child that's not mine. Is there anyway I get this to stop? I NEED HELP!!
Hung-Lin Lai
Hung-Lin Lai
answered on Dec 5, 2023

Has a paternity test been conducted to determine that the child is not yours? File a motion with the court to modify child support. Without knowing more facts the best advice is to seek a family law attorney near you or search for legal clinics.

1 Answer | Asked in Family Law for Oklahoma on
Q: Mother moved with son. No notice. Refuses to give address. I'm ther adjudicated father. What are my rights to know?

No PO. She just told me "I don't have to" when I asked for address

Pete David Louden
Pete David Louden
answered on Nov 29, 2023

If you already have a custody and visitation order you can enforce that order. If you don't have one, then it sounds like you need one. Contact directly a family law attorney in your local area and they will review all of the details of your case and explain the steps you need to take going... View More

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: HERE IN OKLAHOMA MY FINAL ADOPTION DECREE COMPLIES WITH THE UNIFORM ADOPTION ACT.

WOULD NOT THE CASE IN THE MATTER OF THE ADOPTION OF MARTINDALE A ARKANSAS SUPREME COURT CASE BE THE SAME AS OKLAHOMA UNIFORM ADOPTION ACT? ARKANSAS SUPREME COURT OPINION STATES THE 1 YEAR STATUTE OF LIMITATIONS MUST BE STRICTLY APPLIED (FROM THE DATE THE DECREE WAS ISSUED) SO THAT AN ADOPTION... View More

Charles Watts
Charles Watts
answered on Nov 20, 2023

Arkansas Supreme Court is authority over Arkansas state matters. Could it be used as persuasive in Oklahoma, maybe but it is by no means authoritative. The Oklahoma Uniform Adoption an act applies to Oklahoma adoptions. Your question is only going to be answered by getting with an attorney and... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I sue my grandchild's mother for visitation rights to my grandchild

My son and the mother of his child have no custody/visitation agreement in place. My son was not aware that he was the father of this child for the first two years of the child's life. The child's mother listed another person as being the father on the child's birth certificate. When... View More

Charles Watts
Charles Watts
answered on Nov 20, 2023

Grandparents rights are a moving target in Oklahoma and for the most part grandparents rights are those given by the parents of the child. If your son has no official rights established through the courts then you are just another person and not technically a grandparent (legally).

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: where can I find a consent to adopt template we could complete then take it to an attorney to file?
Charles Watts
Charles Watts
answered on Nov 20, 2023

The attorney will have this (or should) - and a consent has to be given in front of a judge who normally conducts adoptions. If you need assistance most of the members on here will give a free phone consult.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Revoking invalid minor child POA that I did not grant/sign? Person who granted has no rights, I have sole custody

Was done without my knowledge, I'm not sure exactly which power of attorney it is, I'm needing to revoke because my son is being illegally withheld from me because of this one fraudulent document.

Charles Watts
Charles Watts
answered on Oct 25, 2023

If it is simply just a POA in which you grant power to someone, you simply can revoke that. However, this sounds more like a Guardianship. Due to the specifics in your case, you need to consult with an attorney rather than the reliance in a general forum such as this. Best of luck to you.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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2 Answers | Asked in Bankruptcy, Tax Law and Family Law for Oklahoma on
Q: I was served papers yesterday for contempt of court by my ex-husband stating I did not pay tax debt how to proceed?

papers state I did not pay the debt (an amended return was declined because of it was filed to late because he would not sign the amendment) however it has all been paid as far as I know, I have all my tax returns but I'm not sure how to proceed, do I need to get a lawyer? can I just submit... View More

Samuel  Landis
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answered on Oct 18, 2023

It is a good idea to immediately file your tax returns. If needed, you can obtain your income transcripts directly from the IRS so that you have a record of your income that was reported to the IRS from which you may start return preparation.

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I never turned In my marriage license in Oklahoma will I be considered legally married
T. Augustus Claus
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answered on Oct 16, 2023

Yes, you will be considered legally married in Oklahoma even if you never turned in your marriage license. The marriage license is a record of your marriage, but it is not required for the marriage to be valid. However, it is important to turn in your marriage license as soon as possible after you... View More

1 Answer | Asked in Civil Rights, Family Law and Landlord - Tenant for Oklahoma on
Q: Can my son throw me out of the house I've lived at fir 22 years with my mother if she left him the house after she passe
James L. Arrasmith
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answered on Oct 15, 2023

If your mother left the house to your son in her will or trust, he would become the legal owner upon the appropriate legal proceedings confirming the transfer. However, given that you've resided in the house for 22 years, you might have certain rights or claims. These could be based on... View More

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: How does this protect an adoptee? - In the adoption of Martindale?

Adoption -- one-year statute of limitations for challenging

adoption decrees statutory -- limit to be strictly applied. --

The Arkansas Revised Uniform Adoption Act contains a one-year

statute of limitations for challenging adoption decrees; the

legislature's... View More

Charles Watts
Charles Watts
answered on Sep 20, 2023

This is an Arkansas case and Arkansas law. You could ask an attorney in Arkansas how it affects adoptions within their state (or connected to their state if it is an ICPC adoption). However, in general it does not affect adoptions in Oklahoma, unless Arkansas is where the baby is born, because then... View More

1 Answer | Asked in Estate Planning, Probate and Family Law for Oklahoma on
Q: My mother passed in 2015 and my stepdad claimed her ashes but now my stepdad has passed. Who gets my mother's ashes?
T. Augustus Claus
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answered on Sep 18, 2023

In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those... View More

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