David A Tracy’s Answers

David A Tracy

Tulsa Family Law Attorney.

Contributor Level 6
  1. Why do i habe to pay for a divorce if our narriage was not legal i didnt know he was married

    Answered over 1 year ago.

    1. David A Tracy
    1 lawyer answer

    You do not need a divorce, you need an annulment. A man who is married to someone does not have legal capacity to marry someone else without divorcing his first spouse. But you still have to provide proof of the prior existing marriage to a judge. If your husband never divorced his first spouse, a judge can sign a decree confirming that you were never legally married to him. It's as though your marriage to him never existed. If you cannot find him, he can be served by publication notice....

  2. Does my soon-to-be ex-husband have to agree to adoption since the baby was conceieved during the marriage?

    Answered over 1 year ago.

    1. David A Tracy
    1 lawyer answer

    The short answer is, yes. A father is entitled to notice of an adoption. He can give his consent, or the adopting family can move to terminate his parental rights. An adoption agency or adoption attorney can help you obtain the father's consent, or explain the grounds or adoption without consent. The right attorney can connect you with a reputable adoption agency, or an adoptive family who can help with your medical and legal expenses. Please act soon. Delay could limit your options.

  3. Will I be able to get my son from Florida without breaking any laws?

    Answered almost 2 years ago.

    1. David A Tracy
    1 lawyer answer

    You really should visit with an attorney concerning your son's living arrangements. One small change in your fact pattern could change the answer to your direct question. Even if you did not break any laws picking your son up in Florida, your actions could work against you should the father or a third party seek custody of our son from you later in family court. At age 16 your son may have some say in his living arrangements. Whether or not Dad is on the birth certificate could...

  4. Can grandparents take 3 grandchildren out of state with father telling them no?

    Answered almost 2 years ago.

    1. David A Tracy
    1 lawyer answer

    If the grandparents had the permission of one parent to take the children, they did nothing wrong. Since there is no custody or visitation order in place, they can rely on their daughter's consent to the trip. I assume the children will be back within 1-2 weeks. The parent who granted permission over the other parent's objection may need to explain her actions to the divorce court in the near future. However, be prepared for a judge to not be too worked up about grandkids getting to go to...

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

    Answered about 2 years ago.

    1. David A Tracy
    2. William N. Chambers
    2 lawyer answers

    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...

  6. Is this illegal?

    Answered about 2 years ago.

    1. David A Tracy
    1 lawyer 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...

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

    Answered about 2 years ago.

    1. David A Tracy
    1 lawyer 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.

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

    Answered about 2 years ago.

    1. David A Tracy
    1 lawyer 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.

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

    Answered about 2 years ago.

    1. David A Tracy
    1 lawyer 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...

  10. 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

    Answered about 2 years ago.

    1. Howard M Lewis
    2. David A Tracy
    2 lawyer answers

    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...