BARTLESVILLE LAW BLOG

The short answer is: If you have custody of a child, and you’re moving at least seventy-five miles, you must give your ex-spouse at least sixty days notice in advance of the move. Your ex-spouse then has thirty days to file, in court, an objection to the relocation. If your ex does not object to the relocation, you may relocate without further approval. If your ex objects to the relocation within thirty days after receiving notice, then the judge must decide whether to permit

The short answer is: your landlord can’t come to your dwelling without notice unless there is an emergency or unless you’ve abandoned the property. Your landlord has the right to enter your dwelling if he gives one day notice, and you may not unreasonably withhold consent. However, even if your landlord gives you one day notice, he still may not abuse this privilege or harass you. If your landlord violates your rights, you may sue your landlord, and your landlord could possib

The personal representative must send notice to all creditors of the estate, and each creditor must respond before a date certain. If a creditor responds and you dispute his claim, the creditor must file suit and the judge must decide whether to pay the claim. There is a certain order of precedence as to when debts are to be paid. Many people die while they are in debt. When the heirs come to me and ask me to help them settle the estate, the questions often arises: how should

If both parents sign an acknowledgment of paternity and agree to list the man as the father on the child’s birth certificate, then both parents have equal rights to the child. If no acknowledgment of paternity has been signed, then the mother has sole custody of the child until a court orders otherwise, even if the man is listed on the birth certificate. If parents have signed an acknowledgment of paternity, then, under certain circumstances, the parents may rescind the ackno

It goes by different names – sexting, sextortion, revenge porn, etc. – and in the age of the internet, it’s become a big problem. To remedy this, the Oklahoma Legislature recently enacted the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act” (UCRUDIIA). This law will allow you to file suit and collect damages from anyone who has distributed or published intimate images of you without your consent. The law also allows you to sue and collect damages fr

If someone dies without a will, he is said to have died “intestate.” If someone dies with a will, but owned property that the will doesn’t mention, this property is “intestate property.” Oklahoma has laws that specify that certain relatives are to inherit intestate property. If you aren’t getting your proper share of intestate property, you have remedies that you can enforce in court. This is the third post in a three-part series on your rights to inherit property. In my firs

The executor owes a duty to all persons listed in the will. The executor must manage the estate property responsibly, and must distribute the estate property to all persons entitled to it. If the executor does not perform his duties, the judge may remove him and appoint a new executor. If the executor does not file a probate, you may file probate. If someone won’t let you see the will, you may ask the judge to order them to let you see it. If the will is lost, but two witness

In the seven years that I’ve been posting this blog, I have never made a political endorsement. This post is a first. I am endorsing Steve Campbell in his campaign for reelection as county assessor. Steve Campbell first became county assessor in 2024. Since then, he has made dramatic improvements in the way that the county assessor’s office published land parcel information online. Check out the website and see for yourself: https://oklmrecords.com/washington/map/ As a lawyer

If you are the beneficiary of a trust, you have very important rights. Courts have said that trustees owe you “the punctilio of an honor.” If a trustee breaches his duties, you may be able to file suit against the trustee and gain very important remedies in court. This is the first in a series of three posts. In this post, I’ll discuss what rights you have as a trust beneficiary, and what you can do if anyone violates your rights. In my next post, I’ll talk about your rights

Thanks to a new law, it’s now easier to adopt a relative’s child in Oklahoma. You no longer need a preplacement home study. Many people in Oklahoma want to adopt their relatives’ children. However, the process of adoption has long been costly and cumbersome. One of the biggest costs of adoption is the “home study” – a process in which a professional performs an assessment of the parents’ home. The home study can take several months to complete, and the adoptive parents must p

In general, the rules for stepparent adoption in Oklahoma are the same as the rules for any other adoption in Oklahoma. However, there are important differences in stepparent adoption; the biggest difference being that stepparents may be exempt from some or all of the home study requirements. If you and your spouse are raising your spouse’s child together, you may want to consider adopting your child to confer legal rights on both of you. The main difference between a steppar

The Nowata County District Court is an Oklahoma state court, located in Nowata, Oklahoma. The Nowata County District Court may hear almost all court cases where venue is appropriate in Nowata County. The Nowata County District Court has two judges: one presiding district judge, and one associate district judge. This is the last post in a three-part series about court in the areas surrounding Bartlesville. My first post was about the Washington County District Court; the foll

The Osage County District Court is a court of the state of Oklahoma. The Osage County District Court is a court of “unlimited jurisdiction.” This means that the Osage County District Court may hear any type of case for which venue is appropriate in Osage County, unless there is a specific state or federal law which prohibits the Osage County District Court from hearing the case. The Osage County District Court has three judges: one district judge, one associate district judge

The Washington County District Court is the state court that serves Washington County, Oklahoma. The Washington County District Court may hear any type of case where venue in Washington County is appropriate, as long as there is no law specifically restricting the Washington County District Court’s jurisdiction to hear the case. There are four Washington County District Court judges: one district judge, one associate district judge, and two special judges. The Washington Coun

Elsewhere on this site , I have explained small claims procedure in Oklahoma. In this post, I’ll discuss small claims court specifically in Washington County. What is small claims court? In Oklahoma, “small claims court” refers to cases where the amount in controversy is less than $10,000. In small claims court, the procedure is quick and simple, so that people may bring their cases without lawyers. “Small claims court” is really a misnomer, because small claims court is not

Perhaps someone has named you an executor in their will. Or maybe you’re writing a will, and you are thinking about whom to name as executor. Or perhaps a court has appointed you executor of someone’s estate. Or maybe you are in the process of petitioning a court to appoint you the executor of an estate. Or maybe you are the heir of an estate, and someone else is the executor, and you wonder what the executor is supposed to do. If any of those conditions apply, I’ve written t

Every county handles divorce cases differently. Since most of my practice is in Washington County, I will focus this post on how the Washington County courts manage divorce cases . Before you file: Make sure Washington County has jurisdiction Under Oklahoma law, you may only file a divorce case in Washington County if: You or your spouse has lived in Washington County for thirty days immediately preceding the filing of the petition, and You or your spouse has lived in Oklahom

A recent news story (available here and here ) describes how a woman claiming to be a “fortune teller and feng shui master” allegedly defrauded $70 million from someone in Sydney , Australia. Prosecutors have charged the woman, along with her daughter, who was a participant in her schemes. The police have publicly stated that this is one of the biggest financial fraud schemes in the history of Australia. Because this blog is devoted to legal topics, and this topic directly t

Probate is where a court distributes property of a deceased person. In two previous posts (here and here) I describe what happens in probate court in Oklahoma. In this post, I describe the probate process specific to Bartlesville. When is a Probate Case Heard in Bartlesville? According to the Oklahoma statute of venue for probate cases, Washington County has jurisdiction to hear a probate case if: The decedent was an Oklahoma resident at the time of his death, and was also a

Oklahoma now has a program where they will text you automated reminders of your court appearances. If you’re a party to a court case, you don’t have to participate in the program, but if you want text messages to remind you of court dates, here’s how to opt in: Step 1: Look up your case First, look up your case on www.oscn.net . In an earlier blog post, I tell you how to look up your case on oscn.net . Go to this blog post , and scroll down to “How to Find Court Records on OS