New Case Law

 Joint Custody

Moore v. Moore, 209 P. 3d 318 (Okla. Civ. App. 2009): Joint custody was terminated due to the parents being unable to cooperate. Once joint custody is terminated the court has to make a new custody deciision that is treated just as if it were the original custody order. Sole custody was awareded to the mother due to evidence that the father was an abusive parent and interfered with the mother’s visitation.

Premarital Agreements and Grounds for Divorce

Seirafi-Pour v. Bagherinassab, 197 P. 3d 1097 (Okla. Civ. App 2008): The marriage in this case was annuled based on fraud. The wife’ was found to have sought the marriage only to obtain a green card and the marriage was never consumated. Further, the court held that premarital contracts are void if they are made in if the marriage is later annulled due to fraud.

Termination of a Parent’s Rights

State v. Khan (In re A.K.), 198 P. 3d 415 (Okla. Civ. App. 2008): Oklahoma attempted to terminate a father’s parental rights based on abandonment. However, the court refused, basing the decision on the fact that the only grounds alleged by the state for termination were that the father was in jail. The respondent presented clear and convincing evidence that he had a relationship regardless of his incarceration.

Property Division

In re Marriage of Guy, 169 P. 3d 1218 (Okla. Civ. App 2007): The husband filed an application for VA disability compensation more than a year before “marital deterioration”. The court held that his filing was not part of a plan to deprive the wife of her equitable share of the husbands military retirement.

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