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Oklahoma Family Law Questions & Answers
1 Answer | Asked in Family Law and Estate Planning for Oklahoma on
Q: Can power of attorney be revoked if person was not of sound mind at the time?

My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... View More

Charles Watts
Charles Watts
answered on May 9, 2022

There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... View More

2 Answers | Asked in Estate Planning and Family Law for Oklahoma on
Q: If my mothers non biological father dies with a will, with her being a half sibling is she entitled to any inheritances?

My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?

Charles Watts
Charles Watts
answered on May 6, 2022

Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... View More

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1 Answer | Asked in Family Law for Oklahoma on
Q: How can I relinquish the parental rights of the father of my son?

A protective order was issued against him for Me and my son for 5 years back in 2018.

Charles Watts
Charles Watts
answered on May 4, 2022

In short - your only option is a step-parent adoption has to take place. There is another way where DHS is involved but they wouldn’t be involved in your situation it doesn’t sound like. In essence the state will not terminate the rights of a parent without someone else assuming the rights (and... View More

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Can I undo signing parental rights away a year ago in favor of a step parent adoption if that adoption never took place?

About a year ago, I decided that it was in my daughter's best interest to sign my parental rights away to allow her step dad to adopt her. I did this because we had been dragging out a custody battle for 4 years without ever actually going to court for custody. Every court day was more and... View More

Charles Watts
Charles Watts
answered on Apr 14, 2022

Your case has specific details that will be best suited with an attorney rather than this forum. Most will give a free phone consultation. I suggest you contact one sooner rather than later so that you can insure your rights if they in fact still remain intact.

1 Answer | Asked in Family Law for Oklahoma on
Q: What is the specific law in Oklahoma that states if a parent believes their child is in danger they are to refuse visits

With the other parent and file an emergency order? If they allow the children to go anyway they can be charged?

Charles Watts
Charles Watts
answered on Apr 3, 2022

Every case is different, but a reasonable belief is the starting point, there are many factors involved in this and since you would be violating a court order, you need to make sure that you are doing it in the manner in which you are allowed in order to not be held in contempt yourself. Allowing... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: I call this kidnapping by fraud, but how does a man ad himself to his wards birth certificate while mom is incarcerated?

Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... View More

Charles Watts
Charles Watts
answered on Apr 2, 2022

Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.

1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I want to get emancipated and I'm not sure of the process. How can I get emancipated without parent consent in Oklahoma?

I'm 16, I'm transgender (trans masc enby) and my parents are threatening to kick me out because of it. It's taking a toll on my mental health and I feel I would be better off living on my own as a legal adult. I want to be able to be myself, get my mental health in order, and keep a... View More

Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

I'm so sorry to hear about your situation. Emancipating is a difficult process and one that is not often used. It requires a "next friend" (an adult who will not work against your interests) to file a petition in court and give notice to your parents. The judge will decide at a... View More

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Is it illegal for my custodial guardian my grandmother to tell me that i cant go to my dads if i havent cleaned my room
Charles Watts
Charles Watts
answered on Mar 12, 2022

Yes. If she is the custodian due to a guardianship then she has authority over you.

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1 Answer | Asked in Insurance Bad Faith, Estate Planning, Family Law and Probate for Oklahoma on
Q: How can I find out about my life insurance policy through Massachusetts Indemnity and Life Insurance Company?

My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... View More

Nina Whitehurst
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answered on Mar 9, 2022

If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: i seperated from my husband and had to move to washington with family due to a housefire.

he is witholding contact, contact info and concealing the location of my children

Charles Watts
Charles Watts
answered on Mar 4, 2022

Sorry for your misfortune in regards to your house. If that is the only thing in your case and there are not other circumstances then you should file a motion to enforce. Contact a family law attorney to assist you with this for best results.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: If my step daughter moves out of her mothers house when she’s 18, but is still going to attend high school

For 7 months to Graduate. Will my husband still have to pay child support in Oklahoma.

Charles Watts
Charles Watts
answered on Mar 4, 2022

Child support will have to be paid in accordance with the child support order - most likely until graduation but can be longer, for instance some decrees stipulate even through college. In order to get it changed there would need to be a modification to the order.

1 Answer | Asked in Family Law for Oklahoma on
Q: What would happen if you don't show up to a parental termination of rights hearing
Charles Watts
Charles Watts
answered on Mar 2, 2022

Assuming this is an adoption without consent hearing then by not showing up it is deemed as consent is given and therefore termination proceeds as if the person said yes to it ultimately terminating the rights and allowing the adoption to take place.

This is a very broad generalization as...
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1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: Okla dhs closed the case when child turned 18, arrears are still owed, how do I collect from another state now?

we had a custody change as my child needs to know their siblings, they then lived with biological father at the time he(bio-father) owed over twenty thousand, I was under the understanding his back amount would be reduced from any amount that was asked of me to pay( not the case), my child is now... View More

Anna L Self
Anna L Self
answered on Feb 22, 2022

You can domesticate child support order in the state where the Dad lives and have an attorney collect for you.

1 Answer | Asked in Family Law for Oklahoma on
Q: How do I find someone to help me with paperwork to petition to terminate a guardianship?
Anna L Self
Anna L Self
answered on Feb 22, 2022

If you can't afford an attorney you can try Legal Aid.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Custodial parent has withheld children from non custodial parent for 4 years. What can be done?

Non custodial is behind in child support but is making payments. The visitation is court ordered and is not being denied by non custodial but not being followed by custodial due to no communication at all for the last 4 years, despite non custodial and family reaching out.

Charles Watts
Charles Watts
answered on Feb 22, 2022

From the limited information your best bet is to contact a family law attorney for a motion to enforce. However without fully researching the facts of your case this is a general recommendation.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm the mother and I want to sign temporary guardianship over to my parents. I'm in a Child safety case with DHS.

I need more time because DHS is wanting to take custody of her. The DHS worker has mentioned my mom to take temporary guardianship. If I sign temporary guardianship to my mom will DHS drop the case

Charles Watts
Charles Watts
answered on Feb 13, 2022

DHS may or may not drop the case. However, by your parents obtaining guardianship would allow the DHS worker to let your child remain in the care of a family member and not go into foster care in the event DHS stipulates you having to correct some items. If you feel there is validity to the... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: My ex has our 12-year-old daughter in OK. I moved to Texas to be with my husband as he is deployed here for the USAF.

Instead of moving her from everything she knows, I have allowed her to stay there with her father. I speak to her daily, video chat, and visit 1-2 times each month.

Our custody agreement is old and outdated. Her father has recently begun a trend of not responding to occasional questions... View More

Charles Watts
Charles Watts
answered on Feb 9, 2022

You can file a modification but from what you are saying you may not meet the significant change standard required to get the modification. Depending on the wording of your previous custody order you may be better with a motion to enforce if there is something that is not being adhered too. Contact... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Can an adult child make medical Decisions for her father over the stepmom (his wife) if he is on a ventilator?

He coded in Surgery and was placed on a ventilator and has not woke up in a week. Doctors are not sure why and the wife is not doing enough or pushing for testing. She is just waiting. Can his adult child make medical decisions over her and how if possible?

Charles Watts
Charles Watts
answered on Feb 8, 2022

The only way the adult child could override the spouse is if there is an advanced directive that designates the child as a proxy for decisions.

1 Answer | Asked in Family Law for Oklahoma on
Q: Will a da sign off for removal of kids from their home due to domestic violence
Charles Watts
Charles Watts
answered on Feb 7, 2022

That would exceed the power of the DA. The DA could request it but the judge judge would have to order it, unless it is through the DHS.

1 Answer | Asked in Family Law for Oklahoma on
Q: Am i able to leave to Texas with my child, without being accused of kidnapping?

Currently living in Oklahoma with father of my child

Charles Watts
Charles Watts
answered on Feb 6, 2022

This is not a simple yes or no. There are many factors involved and would also depend on your current custody order.

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