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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33155
Experience:  Attorney with 15 years experience
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My dear daughter has an 18 yr old daughter. The

Customer Question

My dear daughter has an 18 yr old daughter. The granddaughter is abusive and disrespectful towards her mother. My daughter would like to remove her from the home. The granddaughter has been bringing pot into the house, using and selling. The granddaughter has made treats toward her mother if her mother moves her out. What can legally be done??? Okla is the state
Submitted: 3 months ago.
Category: Family Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


If the granddaughter is 18, then she is now legally an adult as the age of majority in OK is 18 and mother can evict her through the courts once she follows a set process.


Mother can simply give her a written 30 day notice to vacate signed by her and then if daughter doesn't move out, mother can pursue a formal eviction through the courts after the 30 days expires to get a judgment of eviction and a writ of possession that the sheriff will execute to physically force daughter to leave.


Mother would have to pursue a formal eviction action (called a forcible entry and detainer) through the courts to get daughter out. After the notice period expires and the tenant/occupant still refuses to leave, then a Small Claims Court Affidavit for a forcible detainer action can be filed. The Oklahoma Residential Landlord and Tenant Act provides for a short notice period before a court hearing.

The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If not then he will be found guilty of a forcible entry and detainer. The court will enter an order directing the tenant/occupant to vacate, sometimes immediately, more often within a few days. After that period has expired the Sheriff’s office can then evict the tenants/occupants, remove their personal property and give the rightful owner possession and control of the property.





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