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Oklahoma Questions & Answers
1 Answer | Asked in Child Custody and Juvenile Law for Oklahoma on
Q: Can a 17 year old that is living on their own cross state lines without parental consent in OK?

My 17 year old brother in law ran away from home. His father pressed charges and dropped them acknowledging that he is in his own. My husband and I want to fly my brother in law and his 19 year old girlfriend to Wyoming for a visit. His father had threatened kidnapping charges against us. Can we be... Read more »

Pete David Louden
Pete David Louden answered on Sep 17, 2020

If he is 17, You would need the permission of his parents.

1 Answer | Asked in Child Support for Oklahoma on
Q: Does OK factor in the number of children in the order or is the payment amount solely based on income of both parties.

My son turned 18 in Jan, and graduated HS in May. I am still receiving the full amount that I've been receiving. I also have a 16 yr old. I was given 2 different responses from 2 different employees at CS enforcement. The NCP was told he could potentially pay more for 1 child than he pays for... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

My interpretation of the case law is as follows:

The child support order is not for two individual children, but instead is for support of all children. Therefore, just because one of the children reaches the age of majority (18 years of age and graduated from high school) it does not...
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1 Answer | Asked in Criminal Law and Child Custody for Oklahoma on
Q: Can my 13 year old son refuse weekend visits to his fathers house if he has testified about abuse from his dad?

My son testified that his dad recently held his head under faucet of water as a disciplinary method.

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

When you say testified, do you mean in court under oath? If that is the case, then I would question why the father still has unsupervised visitation? If you came to me with that claim, I would probably start by calling his attorney and try to get an agreement to adjust the visitation temporarily... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Who are the heirs wife or kids?

Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This... Read more »

James Tack Jr
James Tack Jr answered on Sep 16, 2020

It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My fathers parents passed within a few months of each, both intestate. His sis is appointed personal rep. She won't give

him any info. When I looked case up on odcr it says that heirs are determined and "letters of admin sent" and "proof of publishing" has been done. Is my dad supposed to hire his own attorney? He has never recieved anything from court or sis?

James Tack Jr
James Tack Jr answered on Sep 9, 2020

He should contact the attorney for the estate and make sure he knows he is an heir and give the attorney his current mailing address. He should get a copy of all of the pleadings filed in the matter. He would not need to hire an attorney if he is in agreement with all of the pleadings and findings... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... Read more »

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Hire a true criminal defense attorney.

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I was convicted of child neglect and felony DUI in 2003. My son was in the truck with me...can I get this expunged?
Andrea Worden
Andrea Worden answered on Sep 8, 2020

This statute should be helpful:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214

1 Answer | Asked in Juvenile Law for Oklahoma on
Q: I’m a juvenile and I am going to court for reckless driving and I wanted to know how much trouble I could get into?
Andrea Worden
Andrea Worden answered on Sep 8, 2020

The range of punishment depends on the city or county charging you with the offense.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was intimidated and threatened by my ex to call the da’s office and drop charges against him for choking me.

I made the call out of fear. However I do truly wish to proceed with pressing charges. Should I call the da’s office back and tell them what’s going on?

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Many DA's offices have "victim/ witness" departments to answer these types of questions.

1 Answer | Asked in Family Law for Oklahoma on
Q: Can a ward (adult and incompetent) be required to sign agreement on a mental health treatment plan?
Andrea Worden
Andrea Worden answered on Sep 8, 2020

If you are referring to an involuntary commitment, a judge will decide at the statutorily required hearing whether a person will be required to receive further treatment.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: What are my chances of getting a deferred sentence? And if I do is my license still suspended?

.13 bac dui first time

Failure to maintain lane

Transporting an open container

I’m a Texas resident but was charged in Walters ok. Leaving the casino and immediately was pulled over and given a field sobriety test. Failed that and was arrested taken to police station... Read more »

Tracy Tiernan
Tracy Tiernan answered on Sep 7, 2020

Any attorney that guarantees you a certain result is lying because we don’t know until we rifle through the evidence and check your past. Also, occasionally, there are unreasonable DAs and/or judges or peculiar facts. If you were in Vegas I think the odds of you getting a deferred probation for... Read more »

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1 Answer | Asked in Child Support for Oklahoma on
Q: I was getting to $230month for my child support then it went down to $50 and now I get $15 a month for my child support

I was not informed by any courts or the co-parent of any changes to my payments I'm supposed to receive nor do I know how much am I supposed to be getting all together

Brian Boeheim
Brian Boeheim answered on Sep 6, 2020

You need to get a good attorney to look into this. Child Support should not change unless it is ordered by the court.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: As a victim in a domestic violence case, can I be punished for refusing to appear or testify in court?

I do not want to testify or help aide in the conviction of my intimate partner in an ongoing domestic violence case. If I’m subpoenaed and I refuse to show up to court and testify what legal action and punishment could I face?

Brian Boeheim
Brian Boeheim answered on Sep 6, 2020

If you are subpoena'ed you should show up at court. The subpoena literally is a court order for you to show up. Now whether you have to testify is another thing altogether. There is a statute in Oklahoma that prevents the DA's office from prosecuting a victim. So, they cannot... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Criminal conviction in a mun. court not of record. Appeal bond ordered payed before or at time of filing notice. why?

The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Sep 3, 2020

No, it's not. There are cases that say they can't do that, yet it's still done all over Oklahoma. Hire an attorney to address this issue with the judge.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my mother press charges on someone who used her car ran from police and broke her TRANSMISSION.

My mother got her car from impound and the transmission casing is busted up.

Now she has no car and no more cash the person is in jail on warrants but she broke my mom's car.

Can she file charges against her for breaking the car?

Brian Boeheim
Brian Boeheim answered on Sep 3, 2020

Have your mother call the DA's office int he county where her car was stolen and the suspect is in jail. Tell them how much it would cost to fix, or what the vehicle was worth before the transmission was destroyed. The DA's office should include in their charges restitution, which they... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: I wax laid off due to covid 19. The company refuses to hire me back or return my calls. What can I do? terry

I was one of the last to be let go when I was laid off and offered severence pay. Now that they called people back to work with my application on file the company and the plant refuse to hire me back. When I was working for them I was always on time and went to work everyday always do what was... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 3, 2020

Hi, more information is needed to fully analyze your claim. Do you have any idea why they are not bringing you back? They would be within their rights to not hire you back as long as that decision was not based on your age, race, religion, or other protected classes. Did someone explain to you why... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: Home of deceased parents not listed in their revocable trust, do we have to go thru probate? Or can we sell
Matt Fleischer
Matt Fleischer answered on Sep 1, 2020

Yes, you will need probate. There's no small estate affidavit for real estate in Oklahoma. Real estate held in the individual names of the decedents must be probated to transfer marketable title to the heirs. If the home is the only probate asset, however, the probate process can be relatively... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok and died in tulsa ok and left no will and has gas and oil royalties in nacogdoches tx where

Would you file for probate and where would it be held at

Matt Fleischer
Matt Fleischer answered on Aug 31, 2020

I'm sorry for your loss. Whether you need a probate in TX will depend on TX law and whether you need a probate in OK will depend on OK law. In Oklahoma, your need for a probate will depend on numerous factors, including what types of assets your mom had, how those assets were titled, the value... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok died july7 2020in tulsa ok has gas oil. Mineral rights in nacogdoches tx where does the

Probate take place at

Matt Fleischer
Matt Fleischer answered on Aug 31, 2020

I'm sorry for your loss. Whether you need a probate in TX will depend on TX law and whether you need a probate in OK will depend on OK law. In Oklahoma, your need for a probate will depend on numerous factors, including what types of assets your mom had, how those assets were titled, the value... Read more »

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1 Answer | Asked in Uncategorized for Oklahoma on
Q: Can I legally ask her to stop sharing my information with her colleagues?

I mistakenly sent bankruptcy correspondence to the district insurance coordinator instead of my insurance forms. Can I legally ask her not to share that information throughout her office to her colleagues?

Richard Winblad
Richard Winblad answered on Aug 28, 2020

If this is a work related issue it may be covered by your employment policies. You may wish to visit with human resources if your request to the person fails.

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