Brian Jones’s Answers

Brian Jones

Oklahoma City Criminal Defense Attorney.

Contributor Level 6
  1. If you did not name the father on the birth certificate, and he never shows interest in the child....

    Answered almost 4 years ago.

    1. Brian Jones
    1 lawyer answer

    Yes. There are two ways for the second man to adopt this child--by the paternal father consenting to the adoption, or by the second man securing an Order granting him leave to adopt without consent. You need to speak to an attorney in Poteau who has handled adoptions before. Here is the name and office number of one I have worked with in the past: Terry Amend. 918.647.8249.

    1 person marked this answer as helpful

  2. Can a 15 and a 21 year old be legal to be married? & can her mother get in trouble for allowing him to live with her?

    Answered almost 4 years ago.

    1. Brian Jones
    1 lawyer answer

    Perhaps. Here is Oklahoma's on-point statute: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440029 Reading it, you can see that marriage is illegal when one party is under the age of 16, unless the marriage is authorized by the court, where the unmarried female is pregnant or has given birth to a child outside wedlock, and only where notice and an opportunity to be heard has been given to certain interested parties. So if the couple is already married, but has not...

  3. Likelyhood of getting custodial custody

    Answered almost 4 years ago.

    1. Eric B. Dick
    2. Brian Jones
    2 lawyer answers

    You sound to me like a good candidate to be this little girl's primary physical custodian. Furthermore, although in the past, courts tended to award custody to mothers over fathers as a general rule, this practice has fallen by the wayside. Find a good lawyer (you'll need one for your divorce) and let him or her know all the facts.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. If a paternity test comes back negative can the Male sue the mother of the child for anything?

    Answered almost 4 years ago.

    1. Brian Jones
    1 lawyer answer

    I'd need more information to answer this question adequately. But here's a shot: Child Support--I cannot imagine how the father could possibly sue you for "child support". If he has given you any money since learning you were pregnant, or contributed in any way to your maintenance, it seems to me that the payments were a gift, and he would not be entitled to any refund. Costs of DNA test--If he wishes to take a DNA test to prove he's not the baby's father, again, that would be a cost he'...

    1 person marked this answer as helpful

  5. Who do I contact to sue for child support?

    Answered almost 4 years ago.

    1. Brian Jones
    1 lawyer answer

    You should click on this link: http://www.childsup.ca.gov/Resources/ApplyForServices/tabid/72/Default.aspx California, like many states, takes non-payment of child support seriously. The link above will help you engage government help in collecting any outstanding payments. You should be advised, though, that this may result in the father being arrested and imprisoned. In many states, failure to pay child support amounts to indirect "contempt of court", i.e., disobeying a judicial...