Oklahoma Child Custody Legal Questions

Probably not. He will be using personal information he obtained from you during the course of representation to go against you in a separate case. You can file a motion to have him kicked off the case due to an impermissible conflict of interest under Mississippi Rules of Professional Conduct.... Read More

It is likely that the court is going to grant your ex some type of parenting time. If you have some proof of him being irresponsible with children, you might ask the court to put some conditions on that parenting time, like parenting classes, supervision by a responsible third party, etc. I would also ask the court to make it a condition that the dad not drink while the baby is in his custody. Hopefully he'll grow up enough to want to be responsible for your child.... Read More

Your husband has the right to contest any adoption, especially since he is remaining responsible for support and insurance of his minor child. However, it is extremely advisable that he VISIT his child, or write to him, or somehow show that he cares about being a father, no matter how busy he is with his job.... Read More

Yes, there are court costs related to filing, service and notice of hearings. There is the cost associated with a home study, unless the home study can be waived by the court. There is the expense of legal fees if counsel is retained to represent you during the proceedings or assist you in any other manner. For general information online about adoption in OK, one can look at the site Oklahoma adoption coalition(DOT)org which includes links to relevant OK statutes.... Read More

If there is no court order requiring you to pay child support to your wife, you can do whatever you believe is best for your children. It is unlikely that your wife could successfully begin a child support action for children that are not in living in her home. If there is a court order requiring the $100/week you are paying, you need to get that modified to allow it to be paid to the oldest daughter.... Read More

In Oklahoma, custody and visitation are based on the best interests of the children, not the anger or wounded feelings of the adults who brought the children into the world. Retain an attorney and let your counsel deal with your ex husband on his misunderstanding of the law, while you focus on your children.... Read More

2005 was a long time ago. While the incident is still relevant, I believe that the judge will less concerned with what happened 8 years ago than the current circumstances affecting the children. Do not leave the house unless you believe you are in danger. You should see an attorney as soon as possible.... Read More

In Oklahoma a child can state a preference as to which parent the child wants to live with at age 12. There is a legal presumption that at age 12 a child has the mental ability and maturity to make the decision in the child's best interest. This is a presumption that can be overcome by the other parent if there is a reason that the child's decision is not in his/her best interest. An example would be the if parent the child wants to live has a drug/alcohol or anger problem or an unstable household. It is ultimately up to the judge to make the final decision taking into consideration the child's wishes.... Read More

You will need to file a motion with the court to modify your judgment to that effect. If you ex is paying child support the courts are loath to change that tax treatment, so you will need to show that it is in your best interest to claim both children. If you spouse is in arrears in child support payments, that is a way to make up the arrearage, but you want the judge to sanction that.... Read More

In Oklahoma 18 is the age of majority (adulthood). At that point, you can enter into contracts, such as for an apartment or loan or credit card, etc. An 18 year old can leave his/her parent's home if he/she wishes and the parent nor the police has any power or authority to do anything about it. Additionally, the parent has no obligation to continue to support the child if the child moves out, unless the 18 year old is living with the other parent and continuing in high school. Then the custodial parent has a right to child support for that child until the child graduates from high school or turns 20. If you live on your own, however, no child support is owed or required.... Read More

Relocation of either parent is governed by Oklahoma Statutes Title 43 Section 112.3 if the relocation is for more than 75 miles away and not a temporary matter. Whenever either party intends to move his or her primary residence or the primary residence of the children over seventy-five (75) miles for a period of sixty (60) days or more when such move is not a temporary absence from the children's principal residence, the relocating party shall furnish the following information to the other party: a. the intended new address, including the specific address, if known; b. the new mailing address, if not the same; c. the home telephone number, if known; d. the date of the intended move or proposed relocation; e. a brief statement of the specific reasons for the proposed relocation of the child, if applicable; and f. a proposal for a revised visitation schedule with the children. The relocating party shall give notice of the relocation and change of address to the other party sixty days preceding the relocation. If the relocating party did not know, and could not have reasonably known of the change in sufficient time to provide a sixty-day notice, then such party shall give notice on or before the tenth day after the date that he or she knows of the change. The obligation of a party to give notice and to provide the information set out above shall continue so long as custody or visitation occurs with a child covered by this order. The failure of a party to give notice and to provide the information set out above may result in further litigation to enforce the order, including contempt of court. Failure of a party to give notice of the children's relocation may be taken into account in a modification of custody and/or visitation or access to the children. The Court may assess reasonable attorney fees and costs against a party who fails to give the required notice. The party who receives notice that the children will be relocated has thirty (30) days to seek a temporary or permanent order to prevent the relocation. If he or she does not request a hearing within thirty (30) days, the relocation will be authorized.... Read More

It totally depends on what you mean by winning.  If you want full custody, I would need a lot more information about both of you and your child to be able to hazzard a guess.   On the other hand, if you want to establish the absolute right to see your child and to have your child with you for set periods of time on a regular and enforceable basis, putting an end to her controlling games and mood swings, your chances of winning are excellent if you don't have skeletons in your closet, such as drugs, sex offender, domestic abuse, etc.... Read More

You are not automatically emancipated in Oklahoma when you have a baby and you are under the age of 18. You are still in the custody and control of your parents. If you want to become emancipated you have to file a motion with the district court in the county where you reside. You have to be able to prove that you can financially support yourself for the court to approve the motion. All emancipation does is allow you the legal right to enter into legally binding contracts, such as signing an apartment lease.... Read More

Your parental rights are not affected by your move out of state. If no orders have been entered, such as in a divorce, the visitation or custodial periods to which you may be entitled can be adjusted to permit time with your child during school breaks, since weekends are not feasible due to the distance involved.... Read More

If an arrears of past child support exists and no arrangements have been made to pay it out then a levy or garnishment can be placed against bank accounts. If the amount of the garnishment exceeds the available balance when it is received by the bank the bank must take all funds in the account to apply against the garnishment. In some cases the State will negotiate with the account holder as the funds are often held for a brief time before being paid to the State.... Read More