Oklahoma Family Legal Questions

First, keep in mind the typical writing of this provision when it refers to 2021 or an odd year, will be referring to the tax year and not the time when the claim is made and return is filed.  So 2020 is an even year, but it is when one files their 2019 taxes and would be considered an odd year (tax year).  A provision setting a condidtion precedent that current support is all paid for the obligor to be able to utilize the dependent deduction is very common.  Not having it in the decree would make me ask him in writing if he would agree to forgo that provision, if you had to even say, lets figure out the value of the dependent deduction to each of us, and the one for whom it has a greater value should be able to claim it, you could even entice him with offering credit toward his child support obligation.  If that doesn't go anywhere, file to enforce support and to modify the Decree with the addition of that provision.  Both are straight forward and logical so they won't typically lead to protracted fighting in court. The easiest case for enforcement is one where you can point to things he has purchased that were NOT court ordered, where he used his income instead of paying the child support.  An Application for Contempt Citation is the most common way to get his attention, it is a "quasi-criminal" proceeding, if he fails to appear at time of arraignment, the Court typically authorizes a Bench Warrent with Cash Bond set in an amount he will have to pay in order to be released from County Holding.  If he is employed it would be a good idea to get an "Income Assignment" put into place. This would all be much easier to accomplish with a lawyer, you may be able to be awarded at least a portion of your attorney fees too, unless he has a good excuse for only paying less than $2 on average for each of the last 42 months.  As you may be aware lawyers are NOT allowed to represent parties in family law matters with a "contingent fee" as it is feared that it will make litigation even more contensious and never-ending, but on enforcement of an order to collect payment a contingent fee is allowed.  I'm not sure if you'll find any lawyers willing to take on the case on a contingent fee, but it may be an option.  DHS-Child Support Enforcement is very overworked and underfunded, understaffed, etc. but it wouldn't hurt to pay the nominal fee to open a case with them, they can suspend his state issued licenses as a motivation to get current on his payment of child support. Call a lawyer, many will give you a FREE initial consultation.... Read More

If your husband was previously married to a woman in Utah and did not obtain a divorce before marrying you, then your marriage is void.  A person cannot be married to two people at once.  The location where the marriage took place has no impact on the question.  In the case of a void marriage, you can get an annulment, which is a court order officially declaring that the marraige is void.  In the alternative, you can remain in a void marriage, and when (if) your husband divorces the Utah woman, you would at that point begin a common law marriage with your husband.  If you do nothing, and he does not divorce the other woman, you would not be entitled to any rights as surviving spouse in the event of your husband's death. ... Read More

Most likely they are saying you lack a history of being involved, but Grandparent visitation rights and a guardianship are different things.  You should consult with an attorney, trying to obtain a "Temporary Guardianship" without an attorney would be a huge mistake.  If it is your desire that the parents "get help" working out an agreed Guardianship with the step-by-step requirements for it ending should not be that difficult.  Visitation can and should be established and you will save a lot of time and prevent ill-will if you work together to reach agreements that can then be provided to the assigned Judge as a proposed Order.... Read More

Judges often will take a position that children shouldn't be around new significant others, but visitation should still be allowed and may be altered to address any issues, like not overnight, not when your boyfriend is around, etc.  I would imagine he would have a different view of things if he had a girlfriend... moving forward with orders for custody and parenting time (visitation) is the best remedy.  You may still shoot for joint custody even if he has them more nights of the year. If he is just trying to control you, that is a bad sign and should be discussed in detail with a lawyer.... Read More

Thanks for posting your question Katy. A typical divorce uncontested cost anywhere from $1,200 to $3,000. When you are struggling financially and can represent yourself in court than you might be interested in our  small monthly fee as low as $75/month program for an uncontested divorce which will provide you with all the guidance and court papers you need to finalize your divorce. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

I understand your concern as a mother not wanting to send your child alone and have him not being returned. Even through court channels it’s sometines complicated. It’s better to work with an attorney and establish visitation through court. This will secure your motherly concerns. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com.... Read More

You have the right to modify custody or put in place a custody order. Given the problems, you have provided it would be best for you guys whereas you take most of the parenting time. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in OK.... Read More

Your question pertains to custody arrangements. Are you still legally married? If there is no pending court orders regarding child custody than you are free to do as you please and what is in the best interest of the child. When and if your husband petition to court for visitation, he would have to come to your county to file for papers, which I highly doubt he will do such a thing. Not many parents want to go out of state for a custody battle. You should also consider divorce and seek custody legally of the child to avoid future problems or restrictions.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

What type of legal custody do you currently have or whoever has custody right now? An attorney needs to review the current custody paperwork. What you can do is file for custody/guardianship but work with an attorney since above summary was unclear and too many relatives involved. Since the child is with you and you have been providing for the child, you do have some rights over the Best interest of the child.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Not sure of what you are asking but I will assume the Ex is the mother. Dont' call me but call a local OK lawyer. My opinion is that generally, either party can take the child and keep it from the other party unless there is a court order. You need to file for custody, have her served and get an order of court which states who has custody at what times. This is of course, you really think she will do this. If she is just blowing smoke, then keep the child and the burden is on her to file, if she wants to or can afford it.... Read More

Oklahoma law permits an adoption over the objection of a parent if the parent has either: failed to contribute to the support of the chlld for at least 12 of the preceding 14 months according to a court order or that person's ability if there is no court order, or if the person has failed to maintain a relationship with the child for the same period of time. The court must first determine if the non-support or failure to maintain the relationship exists and must then determine if the adoption is in the best interests of the child.... Read More

Oklahoma has a "relocation statute" that states that neither parent can relocate over 75 miles from their current address without giving the other party and least 60 days written notice. Then the other parent has 30 days to object to the move. If the parent objects, you must have a trial before the judge and the judge decides whether the parent can move with the children or not. The moving parent must prove the move is in good faith and not just to disrupt the visitation of the children with the other parent. The burden then shifts to the objecting parent to prove that the move is not in the best interest of the children. Things the court will consider are the incomes available to both parents to pay for the visitation after the move and why the move is being requested, such as a much better job opportunity or education opportunity that cannot be had in Oklahoma. Moving to be closer to family is usually not a good enough reason for the court to approve the move. If the non-moving party does not object within the 30 days after receiving written notice, then you can move without going to court. You will need to offer and try to agree on a new visitation schedule at that time.... Read More

Removing her would not be wise.  When you file for divorce, an automatic injunction goes into effect that precludes him from changing the insurance.  Before that, he is free to do so, but it is not smart.  First, the judge could hold it against him in the divorce case.  Second, under Oklahoma law, spouses are liable for each other's necessary medical treatment.  If she is not insured, he can wind up paying out of his own pocket.... Read More

In Oklahoma the court can authorize a marriage of a girl under 16 if the court conducts a hearing at which the parents can present evidence in support of their objection.  This might not be the smartest thing for you to do if you were 18 and she was 15 when she got pregnant because you would be confessing guilt to the crime of rape in the second degree, which is a felony punishable by 1-15 years in prison.... Read More

Jurisdiction is based on the child's residence. I assume the case was in Kansas because your son had not been a resident of Oklahoma for a full six months when the divorce was filed. If you want to "go after custody," I am guessing he is now in Kansas with his father.  Once Kansas had jurisdiction, it never loses jurisdiction until no one lives there any more.   Once the child has lived so long in another jurisdiction that the majority of the evidence concerning his best interests is in the new state, you may succeed in asking the original state to relinquish jurisdiction as an inconvenient forum.  But, in your described scenario it seems jurisdiction is still in KS.... Read More