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Oklahoma Questions & Answers
1 Answer | Asked in Child Custody for Oklahoma on
Q: I have joint custody agreement & was served with Motion to Modify in OKC. What form do I need to contest modification?
Pete David Louden
Pete David Louden answered on Jan 30, 2020

Your attorney will file an Entry of Appearance and a Response to the Motion to Modify. After reviewing your case your attorney may also recommend requesting DHS records and discovery.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will a vape charge be on my permanent record?
Tracy Tiernan
Tracy Tiernan answered on Jan 29, 2020

It depends on how the case is dealt with at court. Did you have an attorney? Did you represent yourself? Typical outcomes could be an outright dismissal, a probation that’s suspended (Conviction on your record but no jail time), a deferred probation (no conviction on your record if you... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: is there a time limit to record a deed

I had bought some property about 5 years ago in I never recorded

Anthony M. Avery
Anthony M. Avery answered on Jan 28, 2020

Generally there is no time requirement to record a deed. But waiting 5 yrs. will allow numerous types of deeds, liens, judgments, etc., to be filed in that County and take precedence, or even the entire property from you.

1 Answer | Asked in Immigration Law for Oklahoma on
Q: I want to bring my parents and underage brother to the USA and need to know if they can come at the same time.

I am a USA citizen, 32 years old. My income is good and I am capable financially to sponsor my family to come to the USA. I have 3 family members in Russia: my dad, 73 y.o., mom 53 y.o. and my little brother who is 14 y.o.

Am I amble to sponsor all of them for a family based immigration... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Here's a potential plan to discuss with the immigration lawyer you will need to see about this:

(1) File a permanent residence case for one of your parents. (BTW, parents of a US citizen are your "immediate relatives," not first preference. There is no waiting line or limit on IR-based...
Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: If your ID, po Box, bills, utilities, vehicle registration, all say TX, are you an actual resident in good faith of OK?

We stayed at the father in law's home in OK for over 6 months with intent to return to our home in TX. His health never improved. But we never changed addresses.

Pete David Louden
Pete David Louden answered on Jan 27, 2020

A person must live in Oklahoma six months to file a divorce and in the county where it was filed for the last 30 days. If there is a dispute over jurisdiction it would be decided by the judge.

1 Answer | Asked in Divorce for Oklahoma on
Q: A divorce petition requires the plaintiff to be "an actual resident, in good faith, of the state" What defines that?

She filed her petition in Beaver, OK. Her ID, mailing address, P.O. Box, utility bills, vehicle registration, address on car dealership contract, address on disability claims and benefits, income tax, all state Booker TX as her address. We DID stay at her father's farm for over 6 months, BUT WITH... Read more »

Pete David Louden
Pete David Louden answered on Jan 26, 2020

To file divorce must be a resident of the state for six months and a resident of the county where filed for 30 days.

1 Answer | Asked in Child Support for Oklahoma on
Q: When does the back child support go to the child? I'm 24 and I'm not in school and I'm not living with my mom.

How do I go about getting it to go directly to me?

Pete David Louden
Pete David Louden answered on Jan 26, 2020

Child support and back child support go to the custodial parent, not the child.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Oklahoma on
Q: Can I sell a vehicle that someone abandon in my driveway?
Tim Akpinar
Tim Akpinar answered on Jan 24, 2020

I'm sorry your post remains open for four weeks. This is really something an Oklahoma attorney would need to advise on, as laws for determining abandonment could vary by jurisdiction. An attorney should be able to advise as to what good faith measures you would need to take to demonstrate due... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: My children are in foster care. Im considering going into inpatient rehab but im not sure how dhs/courts will treat me??

Im scared to admit my drug use but i want my kids to come home to a healthy one. I dont think inpatient will help my case at all but i hear that if i go inpatient my kids will come live with me after a few weeks. How does that work and can dhs hold it against me if i seek treatment? clean drug... Read more »

Pete David Louden
Pete David Louden answered on Jan 24, 2020

Drug use and new criminal charges will for sure have a big direct impact on your situation with DHS. You have too much going on here to solve over the internet in this forum. You are going to need to hire an attorney to help you sort this out. You should be able to find one attorney that can... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Where can I find the forms needed to file for Oklahoma probate?
Richard Winblad
Richard Winblad answered on Jan 22, 2020

Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
Richard Winblad answered on Jan 21, 2020

Aside from a physical search you might try:

https://eapps.naic.org/life-policy-locator/#/welcome

2 Answers | Asked in Child Support for Oklahoma on
Q: My husband is getting child support garnished from 2 checks even though 1 check covers court ordered amount and backpay

He pays 183$ every 2 weeks 50$ for backpay they are taking full amount from each job so hes paying double hes called child support and is still being charged after they said they would stop one garnishment is he entitled to the money they took that was over the amount ordered by a court?

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

I see this same thing happen all the time. The solution is hire an attorney to get this resolved for you so that support no longer comes out of both checks.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What's the chances of a poss w/ Intent sticking when the amount of CDs is very small less then a gram
Brian Boeheim
Brian Boeheim answered on Jan 16, 2020

A very small amount in a a single baggie with no money or scales should be a clear cut Possession only charge. If there are multiple baggies, no device for consumption and money or scales there is a chance they can get it past preliminary hearing. The Possession with intent statute is one of the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Hello. I am wondering if we the petitioner can request a public notice to be placed regarding a court date.

The respondent does have an attorney but we didn't want to get to the court hearing day of and the respondents attorney ask for another continuance because she can't locate her client. We have guardianship of our two nieces for 21 months and filed for adoption in September. Court date for adoption... Read more »

Pete David Louden
Pete David Louden answered on Jan 16, 2020

You would have to give the attorney notice of the hearing. It is very easy to mess up an adoption, so much so that most attorneys will not even attempt an adoption case. You really should have an attorney that really knows adoptions to help you and they will be able to deal with notice issues.

2 Answers | Asked in Elder Law for Oklahoma on
Q: Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states

MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.

Richard Winblad
Richard Winblad answered on Jan 16, 2020

Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.

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1 Answer | Asked in Probate for Oklahoma on
Q: Will I have to deal with probate court?

I am an only child, my father is not married and has a will. Both our names are on the deed to his house (money still owed on his home), I am designated beneficiary on his life insurance. As well as beneficiary upon death on his bank accounts. His bank accounts are fairly large, over $100,000. I... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 15, 2020

The real issue is creditors, since you are an only child. Are you on the mortgage, then that doesn't need to be probated. The life insurance does not need to be probated. The bank accounts are a different issue. It depends. What you really want on the bank accounts is to be the person on a POD... Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Q: In the decree my ex gets half of my 503b. Do I half to pay a tax penalty? I'm not trying to early withdraw.

I only agreed to the 50% for him because my atty said it would be from the date I moved out, not from the day he finally signed the divorce papers (3 yrs after I filed for divorce- I left in August 2016- divorce paper signed Dec 2019).

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 15, 2020

You have to use a Qualified Domestic Relations Order (QDRO). Transfers subject to a domestic relations order are not subject to penalties but you have to do it correctly. Once the account rolls over to the other party if they then distribute money or anything else it's just like nay other... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Is there a outline of a quiet Title that I may use as a guide to submit one for myself

This is gas well payments located by the Oklahoma treasury office that they suggested I file in order to claim my inherited monies

Richard Winblad
Richard Winblad answered on Jan 15, 2020

I am not aware of any online source for a quiet title.

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