Joshua W Brewer’s Answers

Joshua W Brewer

Edmond General Practice Lawyer.

Contributor Level 4
  1. Woman claiming to have my husband's child 13 years later. She refused DNA test and now wants child support. What can we do?

    Answered over 1 year ago.

    1. Joshua W Brewer
    2. James CW Bock
    2 lawyer answers

    In my opinion, she is going to have to have more than just a claim that your husband is the child's father to get anything done. She's going to need a DNA test or some documentation showing that your husband is the legal father of the child. If a DNA test is performed, and the child is your husband's, there will likely be a child support order entered, but she can only get back child support for the last 5 years.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I go back to court to modify/add to divorce decree to include joint loan we had but forgot to include in divorce?

    Answered over 1 year ago.

    1. Joshua W Brewer
    1 lawyer answer

    The first question that comes to my mind is, does your decree state that each party takes the debts that are in their name alone, and does this loan happen to be in your name alone? If so, you may be in trouble. However, if it is in both your names, my thought is that it is a joint debt that are both liable for. I think we could fix this, though I'd have to do a little research to find the correct "vehicle" to get it before the court. If she volunteers to pay for half of it, yes, I...

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  3. Could I get an annulment or do I have to file for a divorce?

    Answered over 1 year ago.

    1. Mitzy Fryer
    2. Joshua W Brewer
    2 lawyer answers

    Annulment is tricky... there are only certain circumstances under which you can get an annulment, and the analysis is pretty fact intensive. I would recommend that you speak with an experienced Oklahoma family law attorney for a more in depth analysis of your situation. Time is of the essence... in some cases, the more time that passes, the more difficulty in getting an annulment. I have successfully obtained an annulment for several of my clients, and would be happy to speak with you...

    1 lawyer agreed with this answer

  4. What can I do about child support without getting him in trouble?

    Answered over 1 year ago.

    1. Joshua W Brewer
    1 lawyer answer

    You can talk to someone at DHS, and they will help you get soonercare (health care for the child) if you're eligible, and can help you with information about WIC for help with formula, and other programs that might give you assistance. However, when you involve DHS, they will likely want to pursue the father for child support, as it is his duty to assist in raising this child. If the father would be willing to help you financially, perhaps you wouldn't need to involve DHS? My two cents (...

  5. Without serving the papers can court have hearing without the noncustodial parent

    Answered over 1 year ago.

    1. Joshua W Brewer
    2. Alan James Brinkmeier
    2 lawyer answers

    In most circumstances, notice to the other party is required before a hearing is held. However, a couple of exceptions that come to mind are 1) an emergency ex-parte hearing, and 2) if the judge allowed them to give you notice by publication. If they alleged some emergency situation concerning the wellbeing of the child, they may have been able to get an emergency hearing without notice to you. However, if this is the case, the law requires a show cause hearing within 10 days, and they...

  6. My children's dad has custody of them but he is using drugs, how do I go about getting custody?

    Answered over 1 year ago.

    1. Joshua W Brewer
    1 lawyer answer

    Tina, I'm so sorry you find yourself in this situation. The first question that comes to mind is: in which state was the latest court order regarding custody of the children entered? If the court order is from Oklahoma, then you could file an application for emergency custody here. However, if the custody order is from Wyoming, then you would really need to seek out a Wyoming attorney for advice on how to proceed. If the custody order is from neither Oklahoma nor Wyoming, then I would...

  7. My wealthy husband is divorcing me. I am a paraplegic, and have no income. The accident happened during our marriage.

    Answered over 1 year ago.

    1. Joshua W Brewer
    2. Jeffrey B. Peltz
    3. Peggy Margaret Raddatz
    3 lawyer answers

    The first thought that comes to mind regarding your situation is that you need to trust the lawyer representing you. If they have lost your trust, you should find another attorney. There are a lot of issues here, and in your situation, it is very important that you are properly represented to ensure that you can afford the care you need. I would advise that you make an appointment with your current attorney to discuss your concerns. If you feel that your attorney is not properly...

  8. My 13 year old daughter wants to go with me to court. Not sure if good idea...

    Answered over 1 year ago.

    1. Joshua W Brewer
    1 lawyer answer

    I would think the answer to your question depends on what is on the docket for this upcoming hearing. If custody and/or visitation is an issue that will be addressed in this hearing, I would bring your daughter, and request that the judge speak with her, since she is of the statutory age to express an opinion as to custody and visitation.

  9. How. Can my dad get full custody of?

    Answered over 1 year ago.

    1. Joshua W Brewer
    1 lawyer answer

    I would need more detail to be able to answer this question. I'm trying to think of a situation where it's possible that no one has custody of you. Are you in foster care? Does someone have a guardianship for you?

  10. What does a Guardian Ad Item Attorney do ?

    Answered over 1 year ago.

    1. Joshua W Brewer
    1 lawyer answer

    A Guardian Ad Litem is an attorney for the child. The attorney's job is to investigate the situation and make a recommendation to the court regarding what is in the best interests of the child.