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Oklahoma Family Law Questions & Answers

1 Answer | Asked in Child Support and Family Law for Oklahoma on

Q: Child support case

When I filed I wasn’t sure who the dad is. But I now know who the dad is. He is willing to sign the AOP and put his name on the birth certificate. If I tell child support I know who the father is will they change the case or will they need anything else?

Hans Otto Lehr answered on Jul 12, 2019

Depending on how old the child is, simply signing the AOP may be sufficient enough for DHS-CSS to start collecting child support from him. You may simply call them to see what else they need. In some situations, they may require genetic testing as well.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on

Q: I'm Pro Se. What document do you file after a failed family court mediation? State is OK. Case has been open a year.

I filed a Motion to Modify Child Custody, Visitation and Child Support over a year ago in Oklahoma. The judge ordered us to attend mediation. We agreed on Child Custody and Visitation issues in mediation and signed our intent. My attorney at the time wrote up an order for the agreements in... Read more »

Doak Willis answered on Jul 12, 2019

Yes. A motion to settle along with an order for hearing that motion needs to be filed.

1 Answer | Asked in Family Law for Oklahoma on

Q: Custodial parent routinely refuses to allow phone visitation with children.

No phone visit as punishment for child or if angry with former spouse.

Will not allow children to have phone bought by father. Will not allow father to install location app (custodial parent takes children out of state. Also leaves them with questionable adults for extended periods without... Read more »

Doak Willis answered on Jul 12, 2019

Your decree of dissolution would have to be reviewed by an attorney handling divorce and child custody/visitation issues in order to properly answer your question. Your decree should spell out your phone visitation rights. If they are being abused in contravention of what your decree states, then... Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Real Estate Law for Oklahoma on

Q: My parents divorced 20 years ago. Mother never sold house as directed. Now she is passing. What type attorney is needed?

Fathers estate has 3 people that are not on mothers. When mother passes there will questions regarding the property and whonis goes to. Only myself and sster are on both estates. Father only payed 18 months or mortgage before divorcing mother and died owing substantial childsupport. Would court... Read more »

Hans Otto Lehr answered on Jul 9, 2019

I would say that you need the services of an experienced family law practitioner licensed in the State of Oklahoma. That person should be able to handle most (if not all) of the issues that you're experiencing now.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: Can the father of my baby legally keep the baby if I took him for an overnight visit?

I dropped of the baby to his father for an overnight visit. We are not legally married. Now he refuses to give him back. I did put his name on the birth certificate. They accused me of doing drugs and called CPS who did a drug test that I passed. How can he legally keep me from my baby?? And how do... Read more »

Hans Otto Lehr answered on Jul 9, 2019

It depends on what has happened in your case thus far. Is there a paternity order that directs issues of custody, visitation, etc.? If so, and he is not returning the child per the Order, he may be held in contempt of Court for that. If there is not a paternity order, and DHS has him listed as... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on

Q: If I lose a jury trial what will happen if dhs is involved?

Hans Otto Lehr answered on Jul 4, 2019

A lot more information is needed before I can try to answer that question. You should consult with an attorney licensed in Oklahoma ASAP, especially if you have an upcoming jury trial.

1 Answer | Asked in Family Law for Oklahoma on

Q: Can I get my daughter's father right terminated easily?

I had a baby with a married man a yr ago. Child turned a yr old in may. He hasn't asked about her or seen her in over a month. He has very little interest in her, hes never kept her on his own, never seen her long usually about 20 min unless I would pay for me and her to accompany him on a business... Read more »

Pete David Louden answered on Jul 3, 2019

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.

1 Answer | Asked in Divorce and Family Law for Oklahoma on

Q: Can a husband and wife file for permanent legal separation and not divorced and can they live together while separated?

Doak Willis answered on Jun 29, 2019

There is nothing in Oklahoma law that is a permanent legal separation. If you or she has filed paperwork in Court asking for a legal separation, there is nothing in the law to prohibit you two with living together while legally separated. Legal separations are normally used by couples wanting an... Read more »

1 Answer | Asked in Family Law for Oklahoma on

Q: My father wrote a will dividing land that wife would not sign. He name was also on the land. He died. Options?

My father found that he was dying of cancer. He had land in his name and my stepmothers. He wanted to divide land three ways. Her/me/stepbrother. She refused to sign. Do I have options? Another will was written that just gave me guns and all land went to her. Will says divided among me and... Read more »

Doak Willis answered on Jun 29, 2019

First you must look at the deed that was filed putting the name of your father and step mother as owners of the property to see how the deed was made out. If it was a joint tenancy deed with rights of survivorship, she would be the sole owner of the property no matter what his will stated. His will... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on

Q: Can you be married to one person and common law married to someone else?

My Divorce is on hold because he won't sign or show up and I am living with someone else and pregnant with boyfriends child.

Doak Willis answered on Jun 29, 2019

You cannot be married to two people at the same time. You can force your husband to appear for the final hearing in your divorce by setting it for a final hearing and giving him notice to appear on that date. If he doesn't appear, the Judge will grant your divorce by default. He doesn't have to... Read more »

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1 Answer | Asked in Divorce and Family Law for Oklahoma on

Q: I have been separated for 3 years & filed for divorce 2 1/2 years ago but husband won't sign divorce papers.

I'm currently pregnant by someone else can I still file for divorce by default?

Hans Otto Lehr answered on Jun 28, 2019

While you are pregnant, your future-former husband is the presumed legal father of your unborn child, unfortunately. You may be able to still proceed with pursuing a default divorce decree to a point. This will almost certainly require the assistance of a licensed attorney who has experience in... Read more »

2 Answers | Asked in Family Law, Child Custody and Native American Law for Oklahoma on

Q: What would be a reason we are still in emergency temporary guardianship 16 months later?

We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months of a... Read more »

Hans Otto Lehr answered on Jun 28, 2019

There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."

As to your second point, I would need to see...
Read more »

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on

Q: Is there a packet or forms to file a petition of custody in Oklahoma?

Hans Otto Lehr answered on Jun 27, 2019

There is not necessarily a standard, one-size-fits-all "packet" of forms available, as some divorces require different or specific forms and filings. If you contact a family law attorney licensed in Oklahoma, s/he will be able to walk you through the needed forms for your particular situation.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on

Q: My daughters dad is trying to keep her from me he does nothing for her doent provided for her. We have no court order?

He doesnt provided for her he doent pay the child support that he is order to pay

Doak Willis answered on Jun 27, 2019

You state there is no Court order yet you say he is ordered to pay child support. If that order came from the Child Support division and the child was born out of wedlock, you need to hire an attorney to file a paternity action or if married file a petition for dissolution of marriage and ask for... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on

Q: I have sole custody, what proof do I need to show of abandonment etc so my new spouse can adopt my children?

I was given sole custody, all divorce states is I have sole custody and respondent to pay X Amt of child support.No visitation was granted etc. Nothing has ever been paid, and he has not even had contact in nearly 3 years. He has had CF and CM arrests in the past few years (drug abuse)with deferred... Read more »

Hans Otto Lehr answered on Jun 24, 2019

If the biological father has not had substantial contact with the child in 12 months, you may be able to proceed with an adoption without the biological father's consent on the grounds of abandonment. Failure to pay child support and lack of interest in exercising visitation in this time can be... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on

Q: So my wife has been committing adulterous activity in our marriage. Even before we separated, we are still married and

Now claiming the mans last name. What can be done if anything? I’m in Oklahoma.

Pete David Louden answered on Jun 21, 2019

You must decided whether or not you want to stay married to this person. If you do not wish to stay married, consult with an attorney about filing a divorce.

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on

Q: My step daughter has 3 kids and filed for divorce. Is parenting class required? What if he won't go? Is she out of luck?

She insists the Judge told her the divorce won't be granted unless they both attend this parenting class. He refuses to go. What remedy does she have to get the divorce finalized and get an order for child support? He gives her no money for the small kids (3 under age 4). She is not working and... Read more »

Hans Otto Lehr answered on Jun 17, 2019

Starting with the divorce questions, yes, attending the Helping Children Cope with Divorce class is mandatory for both parents and is offered at Family and Children's Services. If she is receiving certain types of state services through DHS, she may be able to waive the fee for the class.... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: My daughters father is refusing to return my daughter back to my custody tomorrow at 6 p.m like is court ordered.

He’s saying he gets a full weekend for Father’s Day. That would mean he gets her Friday, Saturday, Sunday, Monday and Tuesday. We have temporary joint custody pending trial. What can I do?

Hans Otto Lehr answered on Jun 15, 2019

Do you have a Temporary Order in place that specifically deals with Father’s Day/Mother’s Day? If so, it depends on the specific language of the Order. If he does not follow the specific language of the Order and return the child as the Order states, he could be held in Contempt of Court.... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on

Q: Is it child abuse to consume alcohol and something occurs such as the child leaving the house unattended. Is it neglect?

There was an incident where I as a parent consumed alcohol with a bac level higher than expected. I went to bed that night and my son left the house. He was two at the time. I’m being charged with child abuse but I was wondering if it’s neglect instead. When I went to social services they... Read more »

Keegan Kelley Harroz answered on Jun 14, 2019

It is not clear whether or not you are talking about DHS charges of child abuse or criminal charges of child abuse. For DHS, no, this will always be on your record. If it is criminal charges and you receive a deferred sentence you may be eligible to get the record expunged at a future date.

1 Answer | Asked in Family Law and Child Support for Oklahoma on

Q: Can I get less than what I currently receive in CS if the other parent doesn't have a job?

My son's father lives in Louisiana and his parents are telling me to not file for more child support. I currently receive $300 a month per our custody agreement. His parents are telling me he does not currently have a job and that if I file for more they can lower my monthly amount or decide I do... Read more »

Pete David Louden answered on Jun 8, 2019

You can file a motion to modify support and support will be calculated based on the gross incomes on both parents. Support would not be zero even if he is not working. Dont listen to legal advice from his parents. Meet with an attorney to discuss your options.

I pasted below a link so you...
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