David A Tracy’s Answers

David A Tracy

Tulsa Family Law Attorney.

Contributor Level 6
  1. How do i add a father to my daughters birth certificate

    Answered almost 3 years ago.

    1. David A Tracy
    1 lawyer answer

    If the father is willing to cooperate, you can submit a completed Acknowledgment of Paternity form to the Oklahoma Department of Health Vital Records Service. After they accept the form, they will amend the birth certificate to include the acknowledged father. You can get the form from the Department of Health, or any hospital with a maternity ward. If the father does not wish to cooperate, you can file a Petition with the district court to determine parentage. If the father admits...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. If one parent remarries does the new spouses income count in figuring child support?

    Answered 6 months ago.

    1. Greg Lavender
    2. David A Tracy
    3. Kevin H. Pate
    3 lawyer answers

    Generally, no. But, if a parent quits a job and is supported financially by a new spouse, the court may impute income to the non-working parent based on that parent's earning capacity, even though the parent isn't working right now.

    1 lawyer agreed with this answer

  3. Too late to get a judgment for past due child support?

    Answered 9 months ago.

    1. David A Tracy
    2. Brandi Lynn Gragg
    3. Veronica Alicia Silva
    3 lawyer answers

    There is no statute of limitations for child support in Oklahoma (some may argue about support owed before 1991, but that wouldn't apply to you). You may ask for judgment and enforce all unpaid child support up to the time of the adoption. You lose some enforcement options when the child becomes an adult, but the support is still owed. Father may claim some affirmative defenses to claims for past due child support, but the statute of limitations is not likely one of them.

    1 lawyer agreed with this answer

  4. My ex is trying to appeal our default divorce, what grounds does she have to stand on since she already passed the 20 days

    Answered about 3 years ago.

    1. David A Tracy
    2. Shannon Katherine McDonald
    2 lawyer answers

    When you say "appeal," do you mean she is trying to vacate the default divorce? if she filed a motion to vacate less than 30 days after the default decree was entered, the court will likely vacate the default decree. The law views default judgments with disfavor, and prefers to have matters decided on their merits. You should visit with an attorney in your area for advice on how to protect your rights.

    1 lawyer agreed with this answer

  5. Child custody

    Answered about 3 years ago.

    1. David A Tracy
    1 lawyer answer

    You can hire a professional inspector to look for allergens, including mold, and other unsafe conditions at the mother's house. If necessary, you can get court order to allow the inspection. You will have to front the expense of the inspection. Make sure to hire an inspector who will give you a written report, and is willing to come to court to authenticate and explain it. You should have your own house inspected, too, just to be thorough (and you may want to hire a different inspector for...

    1 lawyer agreed with this answer

  6. I want to know if I have full custody of my daughter without going to court to find out?

    Answered over 2 years ago.

    1. David A Tracy
    1 lawyer answer

    In Oklahoma, the mother of a child born out of wedlock has custody of the child until determined otherwise by a court. There is an exception for men who sign an acknowledgment of paternity and are listed as the father on a child's birth certificate. They have all the rights and obligations of fatherhood. You say the father "removed his name." I don't know what that means. It brings up other questions about acknowledgment and denial of paternity. I encourage you to visit with a local...

    1 person marked this answer as helpful

  7. Does my Husband and I need a lawyer to ask for a DNA test on his son from another woman? whom hes been paying child support

    Answered almost 3 years ago.

    1. David A Tracy
    1 lawyer answer

    It sounds from your question like the mother is collecting child support though the state child support enforcement office. That office does not handle custody or visitation issues. Your husband will have to ask for that from the district court by petition. As for parentage, your husband signed on to that claim when he filled out the Acknowledgement of Paternity. Are you sure your husband is listed on the birth certificate as the father? Double check that fact. Even if it is too late to...

    1 person marked this answer as helpful

  8. Can the 6 month waiting period to remarry after a divorce in Oklahoma be waived by a judge?

    Answered almost 3 years ago.

    1. David A Tracy
    1 lawyer answer

    You cannot get married in Oklahoma until 6 months after the divorce (dissolution of marriage) is final, so long as your spouse is alive (unless you are remarrying your spouse, but that's another subject). However, there is case law in Oklahoma stating that a marriage conducted in another state during the statute's six-month prohibition against remarriage is valid. Cities in bordering states such as Branson, Missouri and Eureka Springs, Arkansas offer weekend wedding packages.

    1 person marked this answer as helpful

  9. Divorce/child custody jurisdiction (county) question...

    Answered almost 3 years ago.

    1. David A Tracy
    1 lawyer answer

    You have to be a resident of your county for 30 days before you can file to dissolve your marriage in Oklahoma. The divorce filing in County A will trump the separate maintenance action in County B. Expect the separate maintenance action in County A to be dismissed or transferred to County B. You can file a counterclaim in the divorce action in County B, and your spouse cannot dismiss. If your spouse dismisses in County A and you've lived in County B for thirty days at that time, you can...

    1 person marked this answer as helpful

  10. I am divorced, I dont want to deal with husband anymore. Can my mom adopt my 6 month girl and split custody with ex husband?

    Answered almost 3 years ago.

    1. Dave Hawkins
    2. David A Tracy
    3. Peggy M. Raddatz
    3 lawyer answers

    Welcome to parenthood. My advice is to stop focusing on your anger toward your ex-husband and expecting your mom to take care of your problems. I'm glad your mom can help, but that is a temporary, not a permanent solution. Draft a plan for how you are going to provide for your child, because that is the most important chore in your life for the next 18 years or so. It's not about you anymore.

    2 lawyers agreed with this answer