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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have proof of abuse with videos, but I can’t get them admitted into evidence. What can I do?

My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.

Pete David Louden
Pete David Louden
answered on Sep 18, 2023

The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.

Best of luck!

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: In OK if a child is in an auto accident with a foster family, is parent who still has rights able to get accident report

The parent maintains parental rights and would like a copy of the police report.

T. Augustus Claus
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answered on Aug 22, 2023

In Oklahoma, if a child who is under the care of a foster family is involved in an auto accident, the parent who still retains parental rights may have the legal right to obtain the accident report. Typically, parents have the right to access information related to their child's well-being and... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: I have a friend that has a baby mama that is withholding him from seeing his child though he has custody is that legal?

There is no court order for this and they are trying to bribe him with 5k to sign his rights over even though he wants to see his son is this legal

Pete David Louden
Pete David Louden
answered on Aug 16, 2023

If he has custody and the other parent is withholding the child, he needs to quickly take legal action to enforce the court order. The court can only help him if he is takes the proper steps to bring this matter to court.

Best of luck!

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1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Marriage in 2006, have not lived or been together since 07-08, my children aren't his, do they need mentioned in papers?

I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and... View More

Pete David Louden
Pete David Louden
answered on Aug 12, 2023

If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly.... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: filling a divorce but have been separated. talked about moving in with new partner Spouse and I have kids any problems?

Any problem with moving in with new partner?

T. Augustus Claus
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answered on Aug 9, 2023

In Oklahoma, divorce laws can vary, and the impact of moving in with a new partner while going through a divorce could potentially affect matters like child custody, property division, and spousal support.

If you and your spouse have children, moving in with a new partner could potentially...
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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Why would a lawyer tell you to not take a new job while going through a divorce with a child and both parents have a job

Just trying to get a better paying job

Pete David Louden
Pete David Louden
answered on Aug 3, 2023

The only reason I can think of might be to minimize exposure for child support or possibly support alimony. With that said, I would go to the source and ask the attorney who made that suggestion to explain their strategy and then you will know for sure.

I wish you the best of luck with...
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1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have DPOA over my mother signed in Georgia in 2012. She lives in OK now. Does OK recognize out of state DPOA?

I called her Medical insurance company and they said that they couldn't talk to me as they didn't have an OK DPOA. The GA DPOA had 2 witnesses and a Notary.

Richard Winblad
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Richard Winblad
answered on Jul 11, 2023

Sorry to hear of your headache with the insurance company. This is difficult to answer without seeing the power of attorney your mother signed.

____________________

Oklahoma Statutes Title 56 OS Sec. 3006(C) states:

C. A power of attorney executed other than in this state...
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1 Answer | Asked in Family Law for Oklahoma on
Q: I'm 18 and I'm wanting to move out into my boyfriend's house, but my parents say I cannot do that. My boyfriend is 17.

Is that true?

what the laws on that

T. Augustus Claus
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answered on Jul 10, 2023

The legal age of majority in most states in the United States is 18. Once you reach the age of 18, you are considered an adult and generally have the legal right to make decisions about where you live.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is it still a felony if my wife cheats we got married in NM but been living here in Tulsa since last year
Charles Watts
Charles Watts
answered on Jul 8, 2023

Technically it is still a state statute making it a felony. However, it has been rarely enforced since the 1960s. With the texas case of Lawrence it has become even more challenging because it’s a privacy issue between two consenting adults. Even though that case was a sodomy case between same... View More

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1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My mother is living in assisted living and has appointed me as POA. It is durable general poa. Can I sell her home?

The poa under Powers of Attorney in Fact. states my power "include...to exercise...control & powers with respect to all of my property"

To sell, mortgage, or lease any and all real estate and interests in oil gas or other minerals, wheresoever situated, owned by me, and to... View More

Vincent Gallo
Vincent Gallo
answered on Jul 5, 2023

From what is stated, it appears that you have the authority to sell real estate.

1 Answer | Asked in Estate Planning and Family Law for Oklahoma on
Q: Do lawyers have a mandatory duty to tell another lawyer he's getting ready to be sued if he doesn't do something the

complaining party wants done?

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

Context and details are always critical, so I think an attorney would need to first know the specific situation you are referring to in order to know whether or not there might be a duty to do, or not do something.

If you have a specific situation, contact an attorney directly (don't...
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1 Answer | Asked in Family Law for Oklahoma on
Q: Is custodial interference against the law in Oklahoma

My son has full custody of his daughter and the child’s mother either won’t meet him at the court ordered time and location when he is supposed to get her back after visitation with her mom or she has him driving everywhere to pick up child. There’s more to all of this but that’s about what... View More

Pete David Louden
Pete David Louden
answered on Jun 25, 2023

If the court order is clear about visitation exchanges, then it is a matter of enforcement of the order. If the order is not clear about exchanges, then it may need to be modified. Meet with an attorney and after the attorney reviews your case they will be able to explain your options and a plan... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I need motion of contempt. Motion for drug test to show as positive. Motion for judge to follow rules and procedures

I don't know where to find or how to draft. Unable to retain lawyer. But judge isn't following proper procedures, opposing counsel allowed to make hearings without motions per decree. Contempt motions. Motion for refused drug test to show as positive. And more..but where do I find these?... View More

Charles Watts
Charles Watts
answered on Jun 15, 2023

It is unfortunate that you feel the judge is ignoring procedure and the opposing party is getting away with things you do not agree with. You will not find any such forms here. This is a forum to get general answers to questions. I am not sure why you are unable to retain an attorney, but if you... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: DHS placed grand child in my custody. 1 year 6 months later we want to return child to parents. Can DHS prevent this?

Originally it was supposed to be a month. Mother is supposed to go to rehab. Left after detox.

Charles Watts
Charles Watts
answered on Jun 13, 2023

DHS decision will prevail in reunification with the parent(s) - if you do not want any longer then contact DHS and they will place in another home until the parent(s) either complete their tasks and are reunified or they terminate parental rights.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: If my ex wants to file for custody after I won custody 3 years ago will I be served papers

She is saying she filed and has received service papers with a court date but I was never served. I don’t know if she is lying about filing. I have had custody with her having every other weekend and holidays. I receive a little child support from her monthly per court order after our divorce.... View More

Pete David Louden
Pete David Louden
answered on Jun 13, 2023

As easy way to find out if something has been filed is to look at your case on www.oscn.net. If she has filed a Motion to Modify hire an attorney right away.

Best of luck!

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Will a marriage supercede a part in a custody agreement?

For instance, if there is a term that states no living together with your significant other for at least a year, would getting married supercede that?

Pete David Louden
Pete David Louden
answered on Jun 12, 2023

Maybe. Some decrees will cite an exception for marriage, but some don't. It would boil down to to the exact language used in the decree.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do get all detail DHS record becise sueimg them
Pete David Louden
Pete David Louden
answered on Jun 9, 2023

DHS records can be obtained with a court order. The attorney you hire will know the process to get the records.

Best of luck with your case.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do I file a contempt claim against my ex husband who hasn't followed thru with his part of our divorce settlement?

I don't have the $ to pay my lawyer to move forward with enforcing the decree settlement how do i do that by myself with out representation?

Pete David Louden
Pete David Louden
answered on Jun 7, 2023

I have outlined below a few basic things to get you pointed in the right direction.

1. A good place to start would be to go to your local law library. Study the statutes related to the issues in your case.

2. Make sure you understand the rules of evidence.  This will govern what...
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1 Answer | Asked in Family Law for Oklahoma on
Q: hello i just need a professional opinion on a question real quick, so im going through a guardianship case and when our

children were placed in the care of my girlfriends sister and brother in law my girlfriend and i had the same criminal lawyer but he stood in for both sides in our child case so was with us and against us? is that a conflict of interest which should result in a reversal of guardianship

Pete David Louden
Pete David Louden
answered on Jun 2, 2023

An attorney would have filed an appearance for either the Guardian or the parents. There will be a copy of the Entry of Appearance in the court file.

To terminate a guardianship, it can either be terminated by agreement, or if the parties don't agree, if the parents can prove the...
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