David A Tracy’s Answers

David A Tracy

Tulsa Family Law Attorney.

Contributor Level 6
  1. How do i get my sons dad to sign over rights?

    Answered over 2 years ago.

    1. David A Tracy
    1 lawyer answer

    There is no private action revoke a parent's rights in Oklahoma. The State of Oklahoma can move to terminate a parent's rights in a juvenile case. The court can declare a child eligible for adoption without the consent of a parent in some circumstances. A person's status as a parent is otherwise considered a fundamental constitutional right, subject to due process and equal protection under the law. If the father tries to come back into your son's life, and you think your son's best...

  2. Are my court orders from california able to be enforced in Oklahoma where me, my daughter, and her father live?

    Answered over 2 years ago.

    1. David A Tracy
    1 lawyer answer

    If both parents and the child have moved from California, and the child has lived in Oklahoma for at least 6 months, you can register your custody order for enforcement and modification. It can be registered for enforcement only if you don't meet the 6 month residency requirement. An Oklahoma court can put a patch on some of your problems, but it appears communication is a big part of your problems with the father. Those cannot be solved by a court. You might consider talking to an attorney...

  3. My daughter had a newborn baby girl out of wedlock. The father came and picked up the baby and will not return her.

    Answered over 2 years ago.

    1. David A Tracy
    1 lawyer answer

    You daughter needs legal help to assert her rights as a parent. The police cannot help you because this is a civil matter, not a criminal matter. You do not say if the alleged father is listed as father on the birth certificate. If he signed an acknowledgment of paternity, and the acknowledgment was recorded with the Oklahoma Department of Health, he has all the legal rights of a father. If he is not on the birth certificate, he is out of line taking and keeping the child. Your...

  4. Does she have to sign the divorce papers for him to get the divorce?

    Answered over 2 years ago.

    1. David A Tracy
    2. Marc John Weinpel
    2 lawyer answers

    Unfortunately for your friend, it take two people to agree to a settlement. If the wife fails or refuses to sign the decree, due process requires that the wife be given notice and an opportunity to be heard before the court will sign a decree. To meet these requirements, your friend will have to have a summons issued, and hire the sheriff's office or a process server to deliver the papers to her. If she doesn't respond, he may have to file a motion for default judgment and mail her notice of...

  5. What can I do to make sure my ex picks up our son, instead of going to his girlfriends and saying he's working?

    Answered over 2 years ago.

    1. David A Tracy
    2. Steven Alan Fink
    2 lawyer answers

    It is hard on you and the child when a parent is inconsistent in exercising his time. You cannot control the other parent. You can, however, control your reaction to the other parent's actions. First, do not let your anger over this situation show in front of the child. Do not bad-mouth the other parent in front of the child. Allow the child to talk about his feelings. Reassure him that he is loved, and that any difficulties he is having with his father are the result of difficulties the...

  6. In Maricopa County AZ Family Court how can have a clerical error fixed? I was online looking at the family court case and notice

    Answered almost 2 years ago.

    1. David A Tracy
    1 lawyer answer

    You would have to file a motion with the court to correct a clerical error in the record, then get the motion set for hearing. The hearing would likely be set well beyond the 10-day window at issue. Filing a motion would draw attention to the receipt date and could prompt your ex to pay the filing fee that would otherwise not get paid. Your best course is probably to wait the extra 10 days, then file a motion to move the case back and correct the record. If the ex pays during the 10-day...

    1 lawyer agreed with this answer

  7. My ex husband is dying, I have not recieved my share of the 401 K I was ordered to get in are divorce it was in 2000 what to do?

    Answered about 2 years ago.

    1. Peggy Margaret Raddatz
    2. David A Tracy
    2 lawyer answers

    You need to speak with a local attorney promptly about your question. It appears from your description that the Court awarded a portion of a retirement account to you. Then your ex-husband withdrew the funds and rolled them over into a different retirement account. There is a legal principle called constructive trust that may preserve your right to your share in the retirement funds even after your ex-husband moved them. There may be other legal theories that apply. It would be much easier...

    1 lawyer agreed with this answer