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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: how do you write a motion to change guardianship from full guardianship to limited guardianship for college purposes

my son is special need kid amd there is a program in NESU that is called River Hawks scholar program that my son wants to go to but he is not accepted with full guardianship, but could be accepted with limited guardianship

James L. Arrasmith
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answered on Jan 23, 2024

To write a motion to change guardianship from full to limited for college purposes in Oklahoma, you need to follow a specific legal process. Start by drafting a motion document, which is a formal request to the court. In this document, clearly state your current status as a full guardian and... View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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1 Answer | Asked in Family Law for Oklahoma on
Q: How does the victim of bigamy report it?

The party commiting bigamy is a member of 2 tribes.

T. Augustus Claus
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answered on Dec 28, 2023

If someone is a victim of bigamy and the individual involved is a member of two tribes, the victim should report the incident to the appropriate tribal authorities. Bigamy involves being married to two or more people simultaneously, and it is considered a legal and ethical violation. In this case,... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In the Divorce Decree, when dividing retirement accounts do the names of the accounts need to be listed?

Draft of Decree simply reads "his (company name) retirement account to be divided 50/50". Is this acceptable or will it create issues down the line?

Charles Watts
Charles Watts
answered on Dec 27, 2023

Technically it is ok.

Some attorneys like more information, some even like last 4 of account number, to eliminate questions. Other attorneys prefer less and would just say 50% of the retirement accounts to go to the other person to allow some flexibility. No set rule - both have pros/cons...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: In Oklahoma, a child out of wedlock and there is no custody order in place, can either parent keep child away from them?

Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ?

James L. Arrasmith
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answered on Dec 24, 2023

In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: How do I dissolve a domestic partnership signed in Texas but reside in Oklahoma just happened to be working on the road.

Just needed to get her on my insurance. Son

James L. Arrasmith
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answered on Dec 14, 2023

To dissolve a domestic partnership signed in Texas while you're residing in Oklahoma, you should first review the specific terms of the domestic partnership agreement. It's important to understand the clauses that dictate the dissolution process.

Since the laws governing domestic...
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1 Answer | Asked in Family Law, Health Care Law and Civil Litigation for Oklahoma on
Q: Can my unauthorized hospital records be used in my infant's disposition hearing?

I am facing an adjudication disposition hearing concerning my infant, and my hospital records were accessed without my consent, which I discovered when I noticed a DHS worker listed as an emergency contact. There are allegations that I tested positive for amphetamines. I contacted the hospital... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

In your answer you state your legal counsel therefore you need to be discussing these matters with them.

1 Answer | Asked in Child Support, Child Custody and Family Law for Oklahoma on
Q: Can a parent withhold child support funds card from a 17-year-old in Oklahoma?

I am wondering if a parent can legally withhold a child support funds card from the child the support is for, in the state of Oklahoma. There is a court order regarding the child support funds, the child is 17 years old, and the mother is the custodial parent responsible for managing the funds.

Charles Watts
Charles Watts
answered on Feb 22, 2025

Child support is funds for the support of raising the child - not money for the child. This can go towards housing, utilities, food, clothing, etc… it does not have to go to the child directly.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Oklahoma on
Q: I just found out my father died in 2018. I was never notified about it and I am His only son, that I know.

My parents were married when I was born. But after he tried to kidnap me and beat my mom when I was around 5 years old. Lawton police arrested him and he was never in our lives again or did he help with anything. So is it possible that I can file to receive any royalties, property or anything like... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You need to contact a probate attorney in your area to see if a probate was ever filed for your father and if so when and how was the property disposed of. You may be outside statute of limitations to protest it if there was a probate already finalized.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Right now I'm depending on my wife for income basically everything and she always threatens to leave me s
Aaron Bundy
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answered on Jan 1, 2025

There are many factors that could impact your claim for spousal support in the event of separation or a divorce. Each spouse's earning capacity will be one factor. Another factor will be the length of the marriage. Support claims are fluid and fact-sensitive, so you would benefit from a... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: My visits and phone calls are being used to get money from me

She threatens to send my kids away, tells them horrible lies about me, yells at them, cusses at them, calls them stupid. Makes them stand naked if they have accidents while her kids make fun of them. What can I do

Aaron Bundy
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answered on Jan 1, 2025

Unfortunately, scenarios like the one you describe still occur. That is precisely what family law courts are for. If you are the other parent, you are able to take action to ask a judge to address her conduct and even possibly change custody. Your children's statements about what happen when... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: My kids father is not really in her life and i was wondering if I should just leave it alone or try to get full custody.

My daughter is 7 weeks old. The father does not help financially. He post guns. He wants to drive her around with no license. The only way he wants to see her is if i drop her off at his girlfriends house but I have never met her and he has never taken care of his daughter before.

Aaron Bundy
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answered on Dec 25, 2024

Your question is very individual and fact-specific. You need to strategize privately with a lawyer. Sometimes it is worth going to court to obtain a custody order and specify each parent's authority and rights concerning the child, while in other cases a mother in your situation may decide to... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Paternity and child custody

My son has a two year old daughter and is not married and does not live with child’s mother. They both recently found out that even though he signed paperwork at birth of his daughter, the hospital did not include his name as the father therefore he is not on the birth certificate. She moved to... View More

Aaron Bundy
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answered on Dec 25, 2024

Depending on when she moved to Kansas, he may need legal counsel either in Oklahoma or in Kansas. The "home state" of a minor child is generally defined as the most recent consecutive-six-month period where the minor child has resided. Whether the case ends up in Oklahoma or Kansas, he... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: My oldest sons father got a protective order for him and our son against my daughters father. I don’t agree with the

Protective order because if it’s in place my daughter’s father won’t be able to be around to see his daughter. I want to know if I will get in trouble if I don’t bring my son to court hearing for the protective order? I was told since he’s a minor I would get in trouble but I don’t... View More

Aaron Bundy
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answered on Dec 25, 2024

You should always plan on attending court hearings and seek the advice of legal counsel when there is an open court case. If you do not agree with the other side's proposed outcome, not showing up to court virtually guarantees that they will win and obtain that outcome.

1 Answer | Asked in Family Law for Oklahoma on
Q: If my kids were taken by DHS from their mother due to her mental instability what can I do as a father?

DHS was called on the mother of my 2 kids today it was found To be mentally unstable so DHS didn't like his. Me and the mother are not together nor do we live together. Being the father of the kids can I go get the kids legally or what do I need to do to keep them

Charles Watts
Charles Watts
answered on Oct 7, 2024

You will need to hire an attorney to assist you with this. Depending on what DHS is claiming, they could also be claiming a failure to protect against you. You need to have this all figured out first before moving forward.

1 Answer | Asked in Estate Planning, Family Law and Native American Law for Oklahoma on
Q: What do i need to do to claim my daughters dad's belongings from his brother after he's been deceased for two yrs?

For 13 yrs my daughters dad and i lived together as a marred couple. 7yrs ago his health took a turn for the worse. He was placed on dialysis at home at first and then into a facility later. I was a good candidate for him to have one of my kidneys. So, I started working on meeting all the goals for... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Your question is not one that can be answered in this forum with a simple do this or do that. Based on your specific question, you will most likely be working in tribal court first. Contact an attorney who is on the bar of that nation for more specifics on your case.

1 Answer | Asked in Family Law and Banking for Oklahoma on
Q: My ex wife has a loan she defaulted on and the bank is taking it from my checking because her name is still on it.

We have been legally divorced since March 2020. She got all her own accounts and I never thought any more about it. She has apparently taken a loan out since then and has defaulted. The bank is taking the money from my checking account because her name is still on it. I can’t get ahold of my... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this situation. Start by gathering all your divorce documents and any paperwork that shows your ex-wife is no longer associated with your accounts. This evidence will be crucial in proving your case to the bank.

Next, contact your bank immediately....
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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

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