An Oklahoma DUI with a child in the car enhances the original punishment for DUI. Rather than a simple felony or misdemeanor Drunk driving crime DUI with your kid in the car can enhance charges including child endangerment. Child endangerment is a serious crime. Driving under the influence of drugs or alcohol is also a serious crime. When you are…
Its common to ask is inheritance part of a divorce settlement in Oklahoma. The answer depends on several factors. There are two approaches to dividing property in a divorce case used by the legal systems of the fifty states. Some states, especially those in the western U.S., use community property rules to divide marital property equally. Oklahoma follows the majority…
Child Custody For Unmarried Parents in Oklahoma is determined by filing a petition for paternity in the district court where the child is found. It may come as a surprise that ninety percent (90%) of all child custody arrangements are determined through mutual agreement between the parents, without court intervention. So what happens when the parents cannot agree on the…
The best custody arrangement In Oklahoma depends on the particular situation and facts of your case. Going through a separation or divorce can come with many logistical and emotional challenges. If there are children involved, it can be even more difficult. There can be many factors in deciding on a plan for custody and visitation. At the center of custody…
Oklahoma has certain guardianship requirements for those seeking a guardianship of another person. There are some unfortunate situations in life that might result in a person becoming unable to make their own decisions. Legally, this is known as being incapacitated. When someone becomes incapacitated and cannot handle their affairs, they can have a guardian appointed to them who will step…
There is a waiting period for divorce in Oklahoma that depends on a few different factors. Deciding to get a divorce can be one of the most challenging decisions you’ll have to face. Not only are there all kinds of arrangements to consider, but there are also so many emotions to navigate. Adding the grieving of your relationship to all…
Child custody laws in Oklahoma expect certain things from a Childs parents. If you and your child’s other parent are splitting up, you likely have many concerns about how your child’s custody will be determined. You may be worried that a judge will make decisions about child custody that aren’t in your child’s best interests. Thankfully, most child custody cases…
A high asset divorce in Oklahoma requires a certain set of legal skills. You’ve worked all your life to get to where you are, and divorce shouldn’t strip you of all that you have. You may have come into the marriage with a business that you’ve built and now its worth millions. Still others come into a marriage with large…
Saying “I do” typically comes with a ring, but it doesn’t always come with forever. So here you are, preparing for a divorce, and you realize that there’s so much to do. You realize that planning a wedding was much easier than planning for a divorce and the new estate planning that comes with it. The thing about estate planning…
The question of who gets the dog in Oklahoma divorce case is pressing if you are a dog lover. Doggone dogs! You can’t live with them, and you can’t live without them. Correction, it’s your spouse you can’t live with, but you do need your dog. As it turns out, your soon-to-be ex-spouse wants the dog, too. What now? Who…
A Premarital Agreement in Oklahoma is more common than many people think and its understandable. You are in love. You’re happy. You’re on cloud nine. After all, you’ve just said “Yes” to one of the biggest questions of your life: will you marry me. Naturally, the first thing you want to do is pick out a wedding dress. Yet, it…
Getting parental consent to get a passport shouldn’t be so difficult but sometimes it is. Traveling is fun. The world is vast and has so much to show you and your child. When you’re a parent, it’s not hard to imagine times when you want to travel with your child overseas. But there are times when you need parental consent…
There are a number of benefits that flow from mediation in divorce and custody family law cases. A mediator helps divorcing spouses work through disputes potentially avoiding a full-blown child custody trial. Divorce mediation can be a viable way for spouses to reach agreements related to asset division, parenting plans, and other important issues that arise in the break-up. Not…
If you have been appointed as a guardian or a guardian was appointed over your children there are certain obligations that go with it. The obligations may also extend to adult guardianships. That title carries with it certain responsibilities and requirements that continue throughout its duration. While guardianship can continue indefinitely, in most cases, it terminates or ends (e.g. no…
In Oklahoma, adultery and child custody are common issues in divorce and paternity cases. Finding out your Childs parent has been unfaithful can be a crushing blow. The betrayal and shame surrounding the breach of trust can cause feelings of anger and resentfulness. While some couples may work through the feelings that adultery may present, it can signal the end…
How long alimony lasts In Oklahoma depends on several different factors. Coming to the decision to separate and divorce your spouse was likely not an easy one. If you are like most couples, chances are your finances were shared with your partner throughout the marriage. As a result, when you separate, either you or your spouse may need or want…
Reasons parents lose custody In custody disputes are wide ranging. Most involve best interest of the child arguments and seriously impact final decisions. The time that you have with your children is invaluable. If you are like most parents, there is nothing that you would not do to protect your right to see them. Unfortunately, having to share that time…
In most cases, the adoption of a child is a joyous occasion that benefits both the child and the adoptive parent. Children have been known to thrive in households where there are two stable and consistent parents. As a result, many stepparents look to adopt their stepchildren as a way to give them the permanency that they crave. But what…
Who is the primary custodian in child custody cases in Oklahoma depends on several different factors. When parents’ divorce, they or the court must decide which parent will become the primary custodian. Namely, primary physical custodians will have the children more time than the other parent does. For this reason, when both parents seek to be the primary custodian, a…
Your child custody agreement is a crucial document that will control where and with whom your child will live. This document will also cover things like medical coverage, where the child will go to school, and religious preferences. It is important then that you take special care in drafting this agreement so that it will be clear and enforceable. Custody…
You may have heard the term restraining order used before. In Oklahoma, they are referred to as protective orders. Protective orders can be issued against intimate partners, family members involved in a divorce or child custody case, and even complete strangers. If a protective order has been issued against you, then there are some important things that you should know…
Mediation In Child Custody and Divorce or paternity In Oklahoma is designed to settle your case without a trial. An unfortunate reality of having kids or marriage is the possibility of it ending in a dispute. If your marriage ends or you have a child custody disputes, your entire life can be flipped upside down. The emotions and feelings that…
Post And Pre-Nuptial Agreements in Oklahoma are really just contracts between a married couple. Marriage is often looked at as a sacred covenant between two people that are in love. Few newlyweds anticipate it ending in a divorce. Still, a growing number of people are preparing for the worst-case scenario and are looking for ways to protect their assets in…
Shared Parenting in Oklahoma is a form of child custody. One of the most challenging parts of any divorce or child custody case involving children is determining custody of the kids. These cases are often highly emotional and challenging for the entire family. Fortunately, some parents can work out schedules and plans together without spending significant time and money on…
A emergency protective order in Oklahoma helps provide security to victims of abuse and to individuals who suspect they will be victims of abuse without legal protections. There are three different categories of protective orders in Oklahoma. It is crucial for anyone who fears for their safety to understand whether they have the right to obtain any of these orders….
In Oklahoma its not uncommon for one of the partners to get a name change after a divorce. After your divorce in Oklahoma, you can either keep you marital name or be restored to your maiden name, its your choice. What you decide is set out in the final order of divorce. The important thing to note is that its…
Court ordered drug tests used in child custody cases are fairly common in Tulsa family law court. When an adult abuses alcohol or drugs, they may suffer physical and mental health consequences. But when children are involved, the picture changes quite dramatically because the health of the children are at stake. For this reason, people often wonder whether drug testing…
Child custody and unmarried parents are often issues related to judicial determinations of paternity. If an unmarried couple has one or more children and decides to part ways in the State of Oklahoma, then they might fight over who gets the kids after the separation. The rule for most states is that the mother gets awarded sole physical custody unless…
Adult guardianships in Tulsa require the signature of an Oklahoma Family Court Judge before its granted. An individual who is at least 18 years of age, and is impaired due to physical or mental illness or disability, drug dependence, or other such reasons – which results in them not being able to care for their physical or financial safety, is…
Temporary Custody Orders in a custody case mark the first custody leading up to a final order. If you and your spouse are heading down divorce or paternity lane, and you have children together, then you’ll have to work out a child custody arrangement. While most parents have plenty of time to figure out child custody – some need arrangements…
Social media has become an integral part of our lives today. While social media interactions are mostly healthy and beneficial, you should be aware of the potential impact of social media in a Tulsa custody case. Child custody battles, in particular, can be highly sensitive matters, and what you post on social media before or during the case can have…
Psychological Testing in Child Custody cases in Tulsa is not that uncommon. When children are involved in a divorce or paternity case, it’s paramount to keep their best interests in mind while evaluating your options for child custody. In some cases, the other parent may be suffering from a mental health issue and may not be fit to care for…
To modify child custody in Tulsa family law cases there are some helpful things to consider. Oklahoma divorce and child custody cases are generally final. However, orders marked as final or permanent can be altered and modified later under certain conditions. In essence, child custody orders can be changed later on if there are compelling reasons. Modifications are granted when…
If your child visitation is denied you have legal options. Oklahoma parents that have ended their relationship or filed for divorce must have an enforceable custody agreement in place. These become legally binding on both parents once a child custody order is signed by the district court judge hearing the child custody and visitation case. If one of the parents…
To transfer a deed when parents die often times involves filing a probate in Oklahoma. Many times, parents have a revocable transfer on death deed or a trust that keeps the family home out of the probate process. However, if your parents Estate Planning did not get this done, you would need to visit the local county assessor’s office in…
Protective orders impact child custody rights in many ways. If you are ever in a situation where you are accused of violence, harassment or abuse towards your children or their other parent, you could be issued a Protective Order. The protective order could also come with potential criminal charges. This order might affect your ability to see your children and…
Getting joint child custody in Oklahoma is a thing that if done correctly is your right. In the event of a divorce where minor children are involved, the family law courts in Oklahoma will focus on the child’s best interests while making custody decisions. The general view of the courts is that a child in this situation can benefit the…
Protective order violations in Tulsa are very serious crimes. In April of 2017, a woman reportedly held a man at gunpoint from her front porch. The man was in violation of a protective order that was issued against him. He was at the woman’s house demanding her debit card and sitting in her driveway even after being ordered by the…
Once you and your spouse or unmarried partner split up, you’ll have to determine what custody arrangement you want in place. This is certain and must be done in both divorce and paternity cases. Most parents, when asked what type of custody they prefer, respond that they want sole custody. It is understandable given that most parents want as much…
A Protective Order in Tulsa is a quasi-criminal proceeding the state’s Protection from Domestic Abuse Act establishes. The intent of a Protective Order in Tulsa is to serve as a deterrent. It deters from continued behavior involving domestic abuse, stalking, harassment and rape. While there is an order of protection in place this isn’t a guarantee that the defendant will…
Oklahoma Emergency Custody Orders are designed to protect children from an immediate risk of harm. In Oklahoma, thousands of Emergency Orders are issued each year. Most are issued on good valid facts while in some other cases they may be issued on a more dubious basis. A Ponca City woman recently faced arrest and emergency child custody loss. She faces…
An Oklahoma adult guardianship is the means Courts use to allow an adult to handle the legal affairs of another adult. An adult guardianship is also know as a conservatorship. The two terms are the same and used interchangeably. The unfortunate truth is that as our society ages we find our-self needing an increased number of consevatorships. This is for…
Getting Divorced In Oklahoma doesn’t have to be so difficult. Perhaps you have reached the breaking point in your marriage and are headed for a divorce. What you might not know is that each state has different requirements that you must follow to get one. There are also issues that could come up which may turn a seemingly simple divorce…
In Oklahoma Hand Written Wills Are valid but they must satisfy certain requirements. In Oklahoma hand written wills are called holographic. Holographic wills are wills that are completely handwritten by the person wishing to will their property away when they die. Some people prefer to hand-write their final wishes because its easy and personal. Not all States allow for holographic…
Child Custody Decisions in Tulsa Family Court are based on the best interest of the child. Although this seems obvious getting to the best interest of the child is hotly disputed. Whether the parents are married to each other or not who gets custody is often fought over. Our family law attorneys have done thousands of custody cases in Oklahoma…
Child visitation with Non-Traditional work schedules in Tulsa family court is a common issue. Work schedules often determine parenting plans. The visitation schedule must work around the work schedules for the parents to be able to spend time with their child. However, with work schedules that change or that are non-traditional, this can get a little more complicated. The reality…
Who pays the attorney fees in Oklahoma family law cases may vary based on certain factors. Depending on the type of case, the court will have inherent power to award attorney fees. Attorney fees are tricky because the issue usually comes up after the case is over. But, in certain circumstances attorney fees can be awarded prior to trial with…
Oklahoma custody and visitation during Coronavirus may be impacted but be careful. With the Family Law Courts in Tulsa and throughout Oklahoma effectively closed parents have lots of questions. Many of them involve violations of the existing orders or interpretations of them. Still others involve each parents responsibility to keep the children safe from the virus. In any family law…
Oklahoma felony domestic abuse is an extremely serious charge. It can cause emotional, financial, and even social strain for a person facing such accusations. Many domestic abuse charges start out as misdemeanor cases but later are enhanced and charged as a felony. However, up to 70% of domestic abuse allegations in divorce and custody proceedings are a fabrication or an…
Oklahoma ancillary probate is the process used to distribute property of a person that dies while a resident of one State but has property in a different State. When someone passes away the Probate Court in the State they reside is the state with jurisdiction over their Estate. This means that the Home State is the one that decides if…
Dividing Your Business in a Tulsa Divorce can be the most difficult asset to deal with in divorce. In many ways starting a business is as emotional as getting married. Just like when you first got married and poured your heart into the marriage the same thing applied to starting the business. Countless hours and endless dollars goes in the…
Oklahoma Child Support Modification is a right that both parents in a custody case have. Many people have questions about how the courts compute child support and what happens if a child support modification is necessary. Under Oklahoma law, there is a schedule that allows for computation based on gross monthly income of both parents. This article will explain some…
In April of 2017, parents of a 4 year old girl confronted a Nebraska daycare worker after witnessing a video of child care abuse against their daughter. The worker full force punches the girl in the arm and violently shakes the girl on the video after the girl begins crying. The parents of the girl are pressing charges against the…
A NYC Journalist recently received a prison sentence in stalking charges of involving his ex-girlfriend. The man, over a year’s time, issued over 150 bomb threats to Jewish centers across 37 states in the name of his ex. He also posted nude photos of her online and harassed a large number of her family members. The courts found him guilty…
Alimony Under The New Tax Laws has changed as to who can deduct it as an expense. As you probably know, Congress passed a tax bill in December of 2017. There are still changes in the bill that people do not understand in regard to the laws. Most notably for attorneys so far are the changes in tax-ability of alimony…
Relocating With Your Child after Oklahoma Divorce is possible but requires that you do certain things first. Often times, Oklahoma parents will have the opportunity to leave the state for many reasons. This could be better employment, closeness to out of state family, or other pressing reasons. However, having a custody and visitation agreement make things more complex. This is…
Step Children and Estate Planning for after you die require certain things be done. Blended families and step-children are a common occurrence in American families today. This makes up over a quarter of a million families and children who are living with non-biological parents. With these statistics in mind, it is important to know how the law affects step-children and…
Dividing Debts in Oklahoma Divorce is a question faced by many families working through divorce. One of the most frequently asked questions of a lawyer is “How does property divide in a divorce?”. This generally includes dividing debts also. Take for instance you had certain debts entering into a marriage, or your spouse took out student loans for a professional…
Oklahoma Child Support Modification is possible but only when there’s a change of conditions since the last order was entered. Often times when people travel through life, their financial circumstances change. Sometimes this includes job promotions and income increases. Say for instance, you are part of a divorce and child support payment plan. If you or your ex-partner receives a…
Oklahoma Common Law Marriage has been recognized in the State for over 100 years. It is a long-held tradition to uphold in the courts, if a common law marriage actually exists. So, for instance if you question whether or not you are participating in a common law marriage, then this article will answer some of those questions for you. Read…
Oklahoma law allows individuals to seek protection from undue stalking, harassment or abuse. Emergency protective orders intend this protection. If necessary and upon a showing of good cause, a permanent order of protection occurs. While emergency and final protective orders will not actually prevent an individual from choosing to pursue their stalking, harassment or abuse, these orders serve as a…
Stepparent adoption is now the most common type of adoption. Across the U.S. today, the majority of all families are re-coupled or re-married, meaning that millions of children are raised in the care of their step-parents. Studies show that about 1,300 new step-families form each and every day. Many stepparents seek to adopt their stepchild following marriage in order to…
Sadly Divorce in Oklahoma has become commonplace. A divorce occurs somewhere across the country approximately every 13 seconds. This equates to over 6,500 divorces each day and 46,000 every week. Over 50% of all first marriages will end in divorce, and the divorce rate climbs to 65% for all second marriages. Those between the ages of 25 and 39 are most…
When beginning a contested divorce or child custody dispute, you might feel a compelling desire to vacate the family home. Married couples and unmarried parents do not generally end their relationship because of effective communication and enjoyment of each other’s company. Should I Move Out Before I file Divorce is the question Im asked all the time. Although unpleasant, there…
Our family law attorneys are privileged to work with adoptive parents and foster care parents. One of the focuses of our adoption practice is helping foster care parents become adoptive parents. Such adoptions can be uphill legal battles, but our attorneys are skilled at handling complex litigation involving foster care. We see foster parents fighting for the best interests of…
Enforcing Child Custody and Visitation in Family Court is very common. It’s unfortunate but sometimes parents in a divorce or a custody case refuse to get along even after a final decree. It is especially terrible when one parent uses a minor child as a bargaining chip to get what they want. Reasons can be as simple as getting into…
The United States as a country has a very high divorce rate. The Oklahoma divorce rate is is one of the largest in the country. In 2012, Oklahoma divorce rate was ranked third, behind Nevada and Maine, as having one of the highest divorce rates, at 12.9%. More recent statistics show that Oklahoma has 13 divorces per 1,000 marriages per year. Divorce…
The health, physical and emotional welfare of children is extremely important in Oklahoma. Whenever there’s a possibility that a child receives mistreatment in any way, the matter typically goes to court. Once in Court the Judge will use what’s called the “best interests of the child standard” to determine guardianship issues. Tulsa guardianship attorneys know exactly how to win your guardianship…
Trying to save your home from foreclosure while having to deal with nagging creditors can create a lot of stress and anxiety. In particular this true for married couples with credit problems. With 50% of Oklahoma marriages ending in divorce, it well-known that financial issues are a leading reason for divorce. In fact, many couples trying to address debt problems sometimes…
How much does a Tulsa divorce cost is one of the most common questions we hear from clients considering a divorce. The most straightforward answer to this question is it depends. Truthfully the answer to how much a Tulsa divorce costs depends on the parties getting the divorce. Some can agree on issues while others cant agree on anything. Do…
Dividing Property in a Tulsa Divorce is an important part of any divorce case. During property and debt division, parties have legal obligations to provide disclosures of their assets and liabilities. This financial disclosure requirement is necessary for parties to negotiate an equitable distribution of property and spousal maintenance (alimony). These disclosures are necessary for a fair conclusion of any family…
Modifying Tulsa Divorce decree is possible. Several things happen in life that cause force us into modifying Tulsa divorce decree. An example may be that the original decree awarded joint physical custody but its always been one parent that’s had custody. Or there are times when because of changes in your income or former spouses income that make modifying child…
Tulsa Oklahoma guardianship requirements depend on which type of guardianship you’re looking for. Guardianship law is intended to protect those people that need protection. Whether its a young child or an elderly person Guardianship protects those who can’t protect themselves. In a broad sense Oklahoma guardianship requirements require this inability to care for oneself as a common requirement. Guardianship of…
Oklahoma Grandparent rights exit…maybe. The reason I express caution is that the right isn’t absolute. Just like opinions that say there isn’t a right, it also isn’t absolute. Oklahoma Grandparent rights spring from, if at all, what the law calls a totality of the circumstances not a statute. This is a complicated way of saying that the law looks at…
I’m running across more and more people living together during divorce in Tulsa. This increasing number of couples continue living together during divorce in Tulsa pending marital dissolution. Although it’s difficult coping with divorce, many households cannot afford the additional expenses of living apart during the process. The financial challenge of maintaining two households is even more complex if you’re facing a contentious divorce….