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Brian Jones’s Answers

5 total

  • Likelyhood of getting custodial custody

    My wife filed for a divorce and I have an 8 yr. old special needs daughter. My wife works 65-70 hours a week, 6 days a week including every weekend. I work regular hours as a teacher. I think even though I'm the father I should get custodial cust...

    Brian’s Answer

    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.

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  • 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?

    My cousin is 15 the guy that she has been seeing is 21 is it legal for then to be married in the us? Can her mother get in trouble for allowing him to live in the house sleep in the same room and have sex? she is now 8 weeks pregnant and i was won...

    Brian’s 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 followed this procedure, the marriage is unlawful. If the couple is not yet married, this is the procedure they would have to follow to get a valid marriage license.

    However, your question leaves me unsure if the couple is married yet or not. And regardless, the deprived juvenile statutes still apply. So if the mother has allowed a 21 year old man to live in the house and have sex with her 15 year old daughter, she has committed abuse or neglect, under the definitinos given by Oklahoma's deprived juvenile statute.

    A deprived juvenile case would begin here with a referral to the Leflore County Department of Human Services, who would investigate the home and recommend action by the District Attorney's office, if any is warranted.

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  • If you did not name the father on the birth certificate, and he never shows interest in the child....

    Then can another man adopt the child if the paternal father does not attempt to stop it?

    Brian’s 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.

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

    I am pregnant and the father of the child has dobts that the baby is his. He has told me if the test comes back negative he can sue me for child support and the costs of the DNA test...is this true?

    Brian’s 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'd incur on his own, and I do not think he'd have the right to demand reimbursement from you. However, if the question of his paternity ends up in court--if you sue him for paternity, for instance--and you or the Court insists on a DNA test, AND if it turns out he is not the child's father, then he may be able to argue that you should bear the costs he incurred defending that lawsuit. HOWEVER, courts in the United States generally follow what is called "the American Rule" regarding attorney fees and litigation costs: simply put, that rule is, "you pay your own way". Be advised that courts break this rule all the time, though, and that the potential of having to pay the other side's attorney fees and costs is just one more way courts try to discourage litigation, and promote compromise and agreement.

    To make a long story short, I would strongly consider consulting an attorney in Indiana before pushing the paternity issue.

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  • Who do I contact to sue for child support?

    I have a court order for one of our kids and he's refusing to pay.

    Brian’s 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 order. This is an offense most states take very seriously, and although it is a good incentive to get parents to pay, you should know going in what might happen.

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