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David A Tracy

David Tracy’s Answers

39 total

  • I have been separated for two years, I want to remarry. Do I have to wait the 6 months before remarriage?

    My ex and I are both with other people, and from what I understand, he is engaged as well. I want to get remarried, do I have to wait 6 more months since we have been separated for 2 years?

    David’s Answer

    There is no waiver of the 6-month waiting period before you can remarry in Oklahoma. Some couples plan an out-of-state wedding to get around the requirement. I'm not saying it's strictly legit, but there is a case that says a marriage valid where it is performed is valid in Oklahoma, even if the marriage takes place during the 6-month waiting period. The statute saying you shouldn't marry in another state and live in Oklahoma during the 6-month waiting period is pretty much ignored.

    As a previous respondent noted, you do have to get divorced before you can remarry.

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  • Is this illegal?

    my ex and i have 2 children together i want to move out of the state because he has abused me and i filed a restraining order against him we have no paternity established and he have no custody agreement we have never been to court! he seems to ...

    David’s Answer

    The short answer to your question - no, it is not illegal to move out of state with your children if there is no court order to stop you. You may possibly have to deal with custody in an Oklahoma court if father files to establish parentage and custody rights in Oklahoma within 6 months of you leaving. If you leave and father files nothing for 6 months, your new residence will become the home state of the children and father will have to come to your new state of residence to get an original order concerning custody or parenting time (visitation). It may also make a difference whether the birth certificate names the father. You should contact your local bar association lawyer referral service to consult with a family law attorney in your area.

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  • Can i get the back child support owed to me from my mother, my custodial parent recently past away

    my mom sign all rights to my grandma in 1996 and was ordered to pay but didnt my grandma recently past

    David’s Answer

    I am sorry about your grandmother's passing. Her right to collect child support belongs to her estate. The support is not yours to collect, even after you become an adult. You may need to speak with a lawyer about whether your grandma had a Last Will and Testament, and whether you may be a beneficiary of her estate.

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  • My ex is keeping my kids from me!!!!what can i do??

    we have been separated for about 2 years but never filed for a divorce but we agreed to have the kids 7 days and 7 days and 400 dollars child support a month and shes been in a lot of relationships and now shes been with this guy for like 4 month...

    David’s Answer

    Your schedule for sharing time with the children must be either by agreement, or by court order. You have learned the hard way that an informal agreement has drawbacks. It is time to get a court order setting forth your schedule. Then you will have enforcement rights such as contempt, a motion to enforce visitation, and a writ of habeas corpus. The child support will also become a court order. Get with a family law attorney in your area as soon as possible for a consultation.

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  • What does Oklahoma laws say about taking the Biological father's rights away for never seeing their children?

    I am a single mother to a 14 month old girl. The father left me when I was 1 month pregnant and haven't seen or heard from him since that day. I live in Oklahoma and have my entire life. We were never married. A DNA test was given in March this ye...

    David’s Answer

    Individuals cannot currently file a private action to terminate parental rights in Oklahoma. The law changed in the mid 1990's, repealing the statute authorizing private termination actions. The state can move to terminate parental rights in a juvenile case for deprived children. A judge in an adoption case can effectively terminate parental rights as part of the adoption process. Unless there is an adoption or a juvenile case in the works, parents retain all the rights and obligations of a parent. Your options are limited to enforcing or modifying those rights and obligations.

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  • IM GETTING A DIVORCE IN OKLAHOMA AND I WANT TO REMARRY IN THE STATE OF TEXAS DO I HAVE TO WAIT THE REQUIRED 6 MONTHS PER OK LAW

    OR CAN I REMARRY IN TX AFTER 30 DAY PER TX LAW?

    David’s Answer

    Oklahoma law says you cannot remarry in Oklahoma for 6 months from the decree, unless it is to your former spouse. The law also says you cannot marry in another state and live in Oklahoma for 6 months following the decree. There is no ban on getting married and living in another state. There are also cases in Oklahoma saying, despite the 6 month ban on living married in Oklahoma, that a marriage valid where it is performed will be recognized in Oklahoma. You should consult with a local attorney for advice regarding your specific situation.

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  • My husband was not present to sign our daughters birth certificate, how do we get his name on there?

    My (now) husband wants to be on our daughters birth certificate.Her biological father has not seen her since she was born and now she had a new dad.can he legally sign the birth certificate?

    David’s Answer

    You will have to do a step-parent adoption before you can replace the natural father with your current husband on your daughter's birth certificate. This will require the consent of the natural father, or an order from a court that the child is eligible for adoption without the natural father's consent. Adoption affects rights and obligations regarding custody, support and inheritance. Any misstep in the process can cause major problems. Talk to a lawyer in your community about adoption before proceeding.

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  • 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

    we have been told by a few ppl that his son is not his, that the mother is claiming someone else as the biological father. at the time of the pregnancey he was not in state and was notified that she was pregnant. Therefore he has his doubts but it...

    David’s 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 challenge parentage, he may have a fraud claim against the mother for past and future support. There are a lot of unanswered questions which he should discuss with an attorney in person.

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  • Thinking of moving from Oklahoma back to California with my son, how do i go about that legally?

    I currently live in Oklhoma, I am thinking of moving back to California where most of my family lives. my son is 3, his father and i have never been married and have no custody agreement. what are the laws about moving me and my son out of state t...

    David’s Answer

    Your question raises issues under the Uniform Child Custody Jurisdiction and Enforcement Act, Oklahoma marriage statutes relating to relocation of children, and possibly the Uniform Interstate Family Support Act and the Uniform Parentage Act. Addressing these issues is best done confidentially in an attorney's office. You should contact your local bar association lawyer referral service, or make an appointment with a family law attorney of your choosing.

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  • Will being held in contempt of court due to non payment of child support automatically result in jail time?

    i have not made any payments myself but my tax returns automatically went to child support and i have made arrangements for garnishments to be withheld from my checks from work.

    David’s Answer

    The short answer is "maybe." Here's the longer answer.

    If you deny you have willfully failed to pay child support and take the matter to trial, and the court finds you have willfully failed to pay, you can expect to go straight to jail or pay what is called a "purge fee" to get out or stay out.

    If you can agree with the other parent about how much you owe in child support and set up payment arrangements by income assignment for current and past support, you will not likely go to jail unless you fail to do what you promise to do. The purpose of contempt is not to punish you, but to coerce you into doing what the Court ordered you to do.

    If your circumstances have changed since the entry of the prior support order, you need to ask the Court to modify your child support. If you cannot afford an attorney, the Court should appoint one for you. If you do not qualify for a court-appointed attorney, you should hire an attorney to assist you through this process.

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