Oklahoma Child Custody Legal Questions

Ok even though you filed Taxes in Oklahoma together, you're not considered Married unless you meet the criteria for common law marriage. Elements of a Common Law Marriage are the following: 1. An actual and mutual agreement between the parties to be husband and wife. 2. A permanent relationship. 3. An exclusive relationship. 4. Cohabitation as man and wife. 5. The parties must hold themselves out publicly as husband and wife. These all must be based upon clear and convincing evidence. I think from your request that there's not an exclusive relationship because you were not monogamous with each other. In addition, you have to keep telling people you're married so that those around you would naturally think you're married. If you don't fit the criteria you're not married and you should just file a paternity suit to establish custody and visitation if you have children or a partition action if you bought real estate together.... Read More

Since there is a court order for custody then that order must be changed for you to have custody. As I understand it there is a court order for custody. The simple fact the biological mother wants to change custody has no real significance. The true test for the court is what is in the child's best interests. The way to test that is to file with the Court appropriate pleadings seeking for you to have custody. Any thing less is just talk without substance as the issue if for the court do decide based upon the evidence.... Read More

You need to look at the Oklahoma Child Support Guidelines. Go to famliesintransition.com and use the child support calculator for kind of a short form look at for child support. It takes into account the time the child spends with each party as well as incomes. What is not mentioned in your question is what the current custody/visitation order provides. I would expect that you will have to file a motion to modify the current orders. A court ordered modification should be made even if the two of you agree to a change as court orders are what counts if a dispute arises.... Read More

If your ex wife files to modify the joint custody plan you would have to resist that in Court. The girl friend situation can result in different outcomes depending upon the Judge and the Judge's belief system. Some of the questions I would think about asking you if I were representing your ex wife is: Your child is entitled to a stable home situation and if your girl friend is so stable why don't you marry? Is there something about her that causes you not to want to marry her? Do you think it sets a good example for your child to seeing you live with someone you won't marry? Etc.... Read More