When it comes to caring for children, legal terms like “custody” and “guardianship” are often used interchangeably. However, under Oklahoma law, these terms have very different meanings, processes, and legal consequences. Whether you are a parent, grandparent, or another family member, it’s important to understand the distinction between custody and guardianship so you can make the right legal decisions for…
Many times, navigating child custody cases involve Mothers’ vs. Fathers’ rights. An Oklahoma custody case can feel overwhelming, especially when wondering how mothers’ and fathers’ rights differ. Oklahoma law promotes equality between parents, focusing on the child’s best interests rather than Mothers’ vs. Fathers’ rights. However, nuances exist, particularly for unmarried parents. This SEO-optimized guide breaks down the key differences…
When parents separate or divorce in Oklahoma, one of the most important issues is where the child will live and how time will be shared between parents, which is known as a physical custody arrangement. Understanding how this arrangement works can help parents create a schedule that serves their child’s best interests while maintaining strong parent–child relationships. To see this…
When parents separate or divorce in Oklahoma, one of the most important issues the court must decide is child custody, which is divided into two main types: legal custody and physical custody. While physical custody determines where the child lives, legal custody focuses on decision-making authority. To see this article as a video, click here. What Is Legal Custody? Legal…
In Oklahoma family law cases involving children—whether it’s custody, visitation, or guardianship—the court’s main concern is always the same: the best interests of the child. This legal standard is the guiding principle judges use when making decisions that affect a child’s care and well-being. But what exactly does “best interests of the child” mean, and how is it determined in…
When a loved one becomes unable to care for themselves or manage their finances due to age, illness, or disability, Oklahoma law provides two primary legal tools to step in and assist: guardianship and conservatorship. Although these terms are sometimes confused, they serve different purposes and are not interchangeable. Knowing the differences can help you choose the option that best…
Learning how to coparent with an out of state parent can seem daunting. This is especially the case when you’re in Oklahoma and your coparent lives elsewhere. It’s an issue that requires not just a good understanding of the law but also a strong commitment to effective communication and cooperation for the sake of your child. To see this article…
Some men will end up on a birth certificate, but not be the father. This is mostly due to unexpected twists and turns. Inadvertently, this can sometimes lead to complex legal situations. While this act may arise from unprecedented circumstances, it often raises questions about parental rights, responsibilities, and the legal process involved in rectifying the situation. In Oklahoma, as…
In Oklahoma, Fostering and Guardianship are both designed to help children in need. When a child’s biological parents are unable to care for them, Oklahoma law provides several options for placing the child in a safe and stable environment. Two common arrangements are foster care and guardianship. While both involve caring for a minor, they are very different in purpose,…
It can be hard to decide between Divorce Mediation vs Litigation. When facing a divorce in Tulsa, one of the most important decisions you will make is how to resolve the key issues in your case. Two of the most common approaches are mediation and litigation, and understanding the difference can help you choose the best path forward for your…
If the Department of Human Services (DHS) orders you to participate in an Individualized Service Plan (ISP), you may wonder whether you are legally obligated to comply. DHS typically requires an ISP when it becomes involved in a family’s life due to allegations of neglect, abuse, or other safety concerns regarding a child. This article will help walk you through…
When a public defender is appointed for a child, it is for the child’s best interests. Family law cases in Oklahoma can become complex when the court determines that a child requires independent legal representation. It may come as a surprise to parents when the court assigns a public defender or other attorney to represent their child in proceedings. Examples…
The role of a Guardian ad Litem (GAL) is to represent the child’s best interests if there are issues parents cannot agree on. In Oklahoma custody cases, the court may appoint a GAL, which plays a crucial role in ensuring that the child’s welfare remains the top priority throughout the legal proceedings. Understanding the role and responsibilities, as well as…
Divorce laws in Tulsa County can vary from others throughout the state. If you are contemplating or currently going through a divorce in Tulsa County, understanding Oklahoma’s divorce laws can help you navigate the process more effectively. This guide covers the key aspects of Tulsa County divorce laws, including grounds for divorce, filing procedures, property division, child custody, and support…
A Protective Order And a Restraining Order in Oklahoma are two different types of court orders. Many people use the terms “protective order” and “restraining order” interchangeably, but they are distinctly different from each other. Although they are similar legal tools the two have a different purpose and are used in different situations. If you are facing a situation involving…
Understanding the Steps to Get a Custody Order in Oklahoma makes things a bit easier. Navigating the process of securing a custody order in Oklahoma can be challenging, but knowing the steps involved can help you prepare and potentially ease the process. Read on to learn what to expect as you work towards a custody agreement that best serves your…
A simple agreed divorce, also known as an uncontested divorce, is one of the most straightforward ways to dissolve a marriage. In this process, both spouses agree on all the major terms of the divorce, including property division, child custody, child support, and spousal support (if applicable). This article outlines the steps to obtain a simple agreed divorce and provides…
A hold harmless clause in a divorce decree is a legal provision protecting one spouse from financial liability for certain debts or obligations assigned to the other spouse during the divorce. These clauses are often in divorce agreements to clarify each party’s financial responsibilities and ensure that one spouse is not accountable for debts or obligations they did not agree…
Many people wonder if they need a lawyer to be able to change their name. In many cases, changing your name can be a straightforward process, but the specific requirements depend on your circumstances and local laws. While hiring a lawyer is not always necessary, there are situations where legal guidance can be helpful. When You Might Not Need a…
When going through a child custody trial in Oklahoma, emotions run high, and every piece of evidence can feel like it could tip the scales. One question that often arises is: what happens if your child says something important outside of court? This is where the concept of child hearsay comes into play. Let’s break it down so you understand…
A writ of habeas corpus, also known as the Great Writ, is a legal tool protecting individuals from unlawful detention. Latin for “you shall have the body,” a writ of habeas corpus serves as a safeguard against wrongful imprisonment by allowing detainees to challenge the legality of their detention before a court. Legal Definition and Purpose A writ of habeas…
Changing a child’s last name is a significant decision that can impact their identity and legal documents. If you are a parent in Oklahoma, you might be wondering whether the other parent can change your child’s last name without your consent. Read on to learn more about the legal processes and requirements in Oklahoma concerning this matter, helping you understand…
If you find yourself in a situation where you need to file for divorce and are concerned about child custody while your child is in the custody of the Oklahoma Department of Human Services (DHS), it’s essential to understand how the law affects your case. This article will walk you through what you need to know about your rights and…
It is possible to file for bankruptcy during a divorce, but requires consideration of the effects on the divorce process. Divorce and bankruptcy are both significant life events, and when they occur simultaneously, they can complicate financial and legal matters. Whether filing for bankruptcy during a divorce is the best course of action will depend on individual circumstances. Types of…
A nail bed drug test can be ordered by a court in a child custody case. In child custody cases, courts often consider evidence showing each parent’s ability to provide a safe and stable environment. If there are concerns about drug use, the court may order drug testing to assess the risk and ensure the child’s safety. One method is…
Pets in a legal separation are a particularly emotional attachment to try to divide. Although pets are often considered family members, the law typically classifies them as personal property. This can affect the decision-making process during a separation. This article explores how courts determine pet ownership in legal separations, the factors they may consider, and options for couples who want…
Elder abuse and neglect are serious offenses that involve harm or mistreatment of elderly individuals. As people age, they may become more vulnerable to abuse due to physical limitations, cognitive decline, or dependency on caregivers. Elder abuse and neglect can occur in various settings, including private homes, nursing facilities, or community settings. Types of Elder Abuse Elder abuse encompasses several…
Trying to get guardianship with a felony record can be difficult, but is not impossible. Courts assess the qualifications and fitness of the potential guardian to ensure the best interests of the individual needing guardianship. One factor that courts consider is the criminal record of the person seeking guardianship, and having a felony record does not immediately disqualify you. Understanding…
In Oklahoma, a temporary order in a divorce or paternity case is a court order that addresses immediate issues while the divorce is pending. It’s put in place to provide stability and structure for the couple and any children involved until a final divorce decree is issued. Its put in place shortly after the divorce is filed. The order requires…
There are many things that determine who gets custody, and due to the complexity of custody cases in Oklahoma, many will be specific to each situation. In any custody case, the primary focus is always the best interests of the child. Here are the top 10 factors that determine custody outcomes in Oklahoma. 1. Best Interests of the Child The…
A supervised visitation order may be necessary when the usual parent-child interactions need strict oversight for the safety and well-being of the children involved. This includes cases of severe parental neglect, substance abuse, or psychological issues that could impair a parent’s ability to provide a safe environment during visitation. Under the Oklahoma Child Supervised Visitation Program, supervised visitation means that…
Parenting plans are crucial when you’re navigating child custody. In Oklahoma, courts often require a parenting plan in custody cases to ensure both parents remain involved in their children’s lives. This article explains what a parenting plan is, its components, and why having one is beneficial in Oklahoma. What are Parenting Plans? A parenting plan is a written document that…
Shared custody has a significant impact when it comes to child support arrangements in Oklahoma. Understanding how the state calculates child support in shared custody scenarios is crucial for parents navigating custody agreements. This article explains how shared custody affects child support calculations and the legal factors involved. Understanding Shared Custody In Oklahoma, shared custody means that both parents have…
There are several essential parental rights in Oklahoma, which are fundamental in ensuring the welfare and upbringing of children. These rights are protected and enforced by state laws, providing parents with the authority and responsibilities necessary for the care and guidance of their children. Essential Parental Rights To Custody In Oklahoma, parents have the right to seek custody of their…
In Oklahoma, fathers have specific legal rights and responsibilities concerning their children. Understanding fathers rights is crucial for any father navigating family law matters, whether it’s about custody, visitation, or child support. This article outlines the essential aspects of fathers’ rights in Oklahoma. Establishing Paternity and Fathers Rights The first step to getting fathers’ rights is to establish paternity, which…
Sharing custody of special needs children can be particularly challenging, requiring parents to address unique considerations and collaborate effectively. In Oklahoma, prioritizing the child’s best interests involves careful planning and open communication. Here are some tips to help parents navigate this complex child custody process. Develop a Detailed Parenting Plan Start by creating a comprehensive parenting plan tailored to your…
We often get asked what a guide to divorce would be, as the process can be overwhelming but understanding the steps involved can help make the experience more manageable. This guide provides a comprehensive overview of the divorce process in Oklahoma, from initial filing to finalization. Step 1: Decide to File for Divorce The first step in the divorce process…
The Uniform Child Abduction Prevention Act (UCAPA) aims to prevent child abduction by providing tools and guidelines. This Act protects children from both domestic and international abductions, especially in custody disputes or other family law matters. Understanding the UCAPA is essential for parents, guardians, and legal practitioners involved in child custody and abduction prevention cases. Key Provisions of the Uniform…
When you’re facing a separation or divorce in Oklahoma, one of your primary concerns is likely who will get custody of your children. Understanding the legal options and eligibility for requesting custody is crucial. This post will guide you through who can ask for child custody in Oklahoma. Eligibility for Requesting Child Custody In Oklahoma, the right to request child…
When you’re involved in a business lawsuit or a family law action in Oklahoma, understanding how to answer a lawsuit is crucial. Once you get the petition in the mail the clock starts ticking. Its important to understand that to answer a lawsuit it really doesn’t matter if its a business or any other family law civil complaint the process…
When facing a divorce in Oklahoma, one of the pressing questions you might have is about alimony—specifically, how long do I pay alimony. The laws in Oklahoma provide guidelines that help determine the duration and conditions of alimony payments. Let’s break down these rules to understand your potential obligations. Understanding Alimony in Oklahoma Alimony (spousal support) is a financial payment…
When you find yourself facing legal issues, understanding the specific charges against you is crucial. In Oklahoma, child abuse and child neglect are serious offenses with significant penalties. Both fall under the protective measures of Title 21, Section 843.5 of the Oklahoma Statutes, but they are distinct in their definitions and implications. Here’s more on the differences between these two…
Knowing the basics of paternity testing in Tulsa can be an essential step in legal matters concerning child support, custody, and parental rights in Tulsa County. In many states, state laws and local regulations guide the testing process to ensure fairness. If you’re a potential father hoping to create relationship with a child or a mother looking to confirm a…
When it comes to legal disputes, the awarding of attorney’s fees can add another challenge. In some instances, a party may be ordered to pay the opposing party’s legal fees. This can have a significant impact on the financial total of the case. But what happens if you believe this decision was incorrect or unfair? Can you file a civil…
Transferring a family case to a Tribal Court is something a person with Native ancestry might desire. The state of Oklahoma is home to a significant portion of Native American tribes. This raises the question of whether a current family law case can transfer to a tribal court. Tribal courts handle a broad range of legal matters under the jurisdiction…
The history of Oklahoma is intricately intertwined with Tribal law. Part of this history and the complexity of family law is reflected in the Indian Child Welfare Act (ICWA). This legislation is critical and is designed to protect the welfare and rights of Native children and their culture as a whole. Created in 1978, the ICWA was a response to…
In the complex landscape of child custody law, few issues evoke more emotional turmoil and legal entanglements than disputes over child custody and visitation rights. Oklahoma has established laws and procedures to address these matters fairly and in the best interest of the child. However, when a custodial parent withholds visitation from the non-custodial parent, it can have serious consequences,…
Helping Teens Deal With Divorcing Parents is a more nuanced part of a divorce and custody case. If you’re going through a divorce and custody case and have a teenager, it’s important to understand the specific challenges they might face and the best ways to support them during this tumultuous time. Below, you’ll find some key recommendations on how to…
Some might say that Appealing A Family Law Decision is a bold move. I don’t think of it the same way. Sometimes a decision in family court is just absolutely wrong on its face and begs to be appealed. Divorce and custody battles can be emotionally taxing and legally complex. This same complexity sometimes explains why the Judge in your…
The Truth About How To Fight a False Protective Order in Oklahoma Protective orders, also known as restraining orders, serve as a crucial legal mechanism to protect individuals from domestic violence. They are also used as a legal tool to combat harassment, stalking, or any form of abuse. However, the order can and are often times falsely obtained. People who…
The impact of suicidal allegations in custody cases can be significant. In the world of child custody emotion runs high. While the family law courts always prioritize the best interest of the child in making custody decisions other factors weigh heavy on custody arrangements. One such factor is the mental health of the parents. The impact of a parents mental…
Child Custody In Legal Separation is major part of the process if you have minor children. In Oklahoma, when a married couple is having trouble its understandable that they are not always sure if its time for divorce or if a legal separation is better. A legal separation is that place in the relationship where the marital bond may not…
In Oklahoma permanent guardianships of children are not always permanent. In the world of child welfare and family law, guardianship plays a major role, especially in cases where a child’s biological parents are unable to provide proper care. The state of Oklahoma has a legal process for what is known as permanent guardianship. This type of guardianship, while intended for…
When you’re going through a divorce in Oklahoma, understanding how alimony works and when alimony is awarded is important. Alimony, AKA spousal support, is a form of financial assistance that one spouse may be a requirement to provide to the other after the dissolution of marriage. The laws in Oklahoma cover when they award alimony, its duration and if it’s…
Sending a cease and desist letter will usually make many people nervous, but sometimes it’s a necessity. A cease and desist letter is a formal written document sent to an individual or entity (such as a business or organization). This is often to demand that they stop engaging in a specific activity or behavior that is believed to be unlawful,…
In Oklahoma, you can access court records through various means, including online databases and by visiting the courthouse in person. Over the years the systems available for on line record searches has improved drastically. Used to be that available on line searches were nonexistent or otherwise nearly impossible to use. Technology has made access available for all sorts of legal…
If your wife gets pregnant by another man while the two of you are married you must act fast. Navigating the complexities of a divorce can be challenging, especially when unexpected situations arise. If you’re in the midst of a divorce and discover that your soon-to-be ex-wife is pregnant with another man’s child, it’s natural to have questions and concerns…
In Oklahoma you still have to pay child support if you loose your job but there are some things you can do. The law views child support is an essential obligation of every parent. The Family Court tells us every child has a right to receive economic support and emotional care from their parents. Even in the face of challenging…
You can still adopt your stepchildren even if the natural parent objects. In the state of Oklahoma, stepchild adoption is a legal process that creates a permanent parent-child relationship between the stepparent and the stepchild. However, the path to adoption can be particularly challenging when a biological parent does not consent. Under certain conditions laid out by Oklahoma statutes, specifically…
An Oklahoma family law appeal requires very specific procedures’ to be followed. When you have to face a family law judgment that you believe is unjust, you may have the option to appeal. When navigating the complexities of a family law appeal in Oklahoma, understanding the nuances of the process is crucial. This includes knowing the grounds for an appeal,…
Discovery in a divorce is an important tool parties can use as both a weapon and a shield. In family law cases discovery is a legal process that allows parties involved in a dispute to gather information. It is there to gather evidence, and relevant facts from each other before trial. The purpose of discovery in family law is to…
A new spouse’s Income usually does not Impact Alimony And Child Support. Embarking on a new chapter in life, such as remarriage, can bring forth a myriad of legal questions. A big question we hear involves the impact on existing financial obligations under Oklahoma law. This includes considerations around alimony and child support, where a new spouse’s contribution to household…
A child support computation is always part of a custody case. In every Oklahoma divorce or child custody case, the court must include child support. This includes all cases including guardianship, emergency custody, and modifications of existing custody orders. The computation not only includes support but also medical care, and education of the children.” Oklahoma uses the Oklahoma Child Support…
An annulment in Oklahoma is much different than a divorce. You can get your marriage annulled but there are very specific things that must be done. An annulment is a legal procedure that effectively erases a marriage. Once the annulment goes through, it’s as if you were never married. There some common question about the process and they include: Legal…
To divorce a spouse in another state or when you don’t know where they are certain things must be done first. Navigating through a divorce can be a challenging process with specific requirements. This is especially the true if your spouse resides in a different state. Its also true if you don’t know where your spouse lives so that you…
Which parent picks the school their children attend is sometimes more complicated than parents anticipate. When it comes to divorce or paternity proceedings in Oklahoma, one of the most critical decisions couples with children must make involves child custody and the subsequent considerations that come with it. A pivotal issue within this realm is determining which school your child should…
The responsibility of caring for a loved one in need is both an honor and a challenge. In the state of Oklahoma, two primary legal avenues can be utilized to assist those who cannot independently manage their personal and/or financial matters due to illness, disability, or age: Power of Attorney (POA) and Guardianship. Below, we will delve deep into both…
In Oklahoma family law cases you cannot empty bank accounts in divorce after the initial filing of the case with the court. This is a tactic some try to use as a means of getting a leg up on the division of marital property. Other situations may even involve those where one spouse is trying to impoverish the other spouse…
A “2-2-3” child visitation schedule in Oklahoma is a type of parenting time arrangement commonly used in shared custody or joint custody situations after a divorce or separation. It’s designed to provide both parents with regular and consistent time with their child or children. In a 2-2-3 visitation schedule, the child alternates between spending two days with one parent, two…
As in most jurisdictions, determining whether a parent is unfit in Oklahoma involves considering a range of factors related to the parent’s behavior, conduct, and ability to care for their child. A family court will typically make this determination based on evidence presented during legal proceedings, often as part of child custody or termination of parental rights cases. The determination…
You can get divorced In Oklahoma regardless of where you were married. Divorce lawyers often encounter individuals who got married in another state but are now living in Oklahoma and seeking a divorce. They often ask, “Can you get divorced in Oklahoma if you were married in another state?”. To provide clarity on this pressing issue, we have prepared a…
To prove contempt in family court there are certain very specific requirements that must be met to win your case. When a court issues rulings in a divorce or custody case, those orders are legally binding and must be followed as given. Its not uncommon for the orders of the court not to be followed by a parent that feels…
Grandparent visitation rights exist by common law and the court decides on a case by case basis. Oklahoma laws give preference to parents to make choices about raising their children, including whom children will spend time with, such as grandparents. Unfortunately, the law says that grandparents do not have any statutory right or constitutional right to visit their grandchildren. If the…
A court reporter in your family law case can be a crucial part of establishing a clear and irrefutable record of what happens at a court hearing or some other official proceeding, like a deposition in a divorce case. In the past, most courts hired official court reporters to work in the courtroom and take down all the proceedings at…
To calculate child support in Oklahoma there are a few things you need to know first. If you are the biological or legal parent of a child, you are generally obligated to pay child support, regardless of whether you are married to the child’s other parent or its part of a paternity action. Additionally, if you have signed an affidavit…
Unmarried Fathers rights to custody and visitation are the same as they are for married fathers. Thanks to a new law that recently took effect in Oklahoma, unmarried fathers and mothers now have equal parental rights and obligations for a child born outside of a marriage relationship when a paternity acknowledgment is signed. Hospitals have the responsibility to help new parents…
Oklahoma law recognizes two types of contempt, called direct and indirect contempt. Direct contempt happens in the presence of the judge when someone purposefully interferes with the judge’s job and willfully fails to follow the judge’s orders in court. Indirect contempt happens when the person fails to follow the court’s orders outside of court. In domestic and family law, indirect…
Which parent pays for tutoring in a custody case in Oklahoma depends on several different factors. When parents separate, there are a lot of questions to answer about taking care of children and getting them everything they need to succeed in life. Divorced or Single parents must decide important issues of who is to take on which parental duties so…
In Oklahoma you can name a minor as a beneficiary of your will or insurance policy. In estate planning, people may want to give money or valuable property to a minor child, whether their own child or a grandchild or a special niece or nephew. They leave this money either in a will or as the beneficiary of an insurance…
In Oklahoma custody of stepchildren after a divorce or paternity case is complicated. When a marriage ends in divorce, one of the central questions to resolve is the custody of children and this sometimes includes custody of stepchildren. Divorce is often hardest on children in the relationship, who may not understand the situation and its reasons, which can lead to…
Polygamy and bigamy are related to each other but are separate and distinct. In Oklahoma, our attorneys deal with it in both the area of divorce and criminal law. Both polygamy and bigamy involve situations where one person is married or in a marital relation with three or more partners. Although the two concepts are different they are often times…
If you’re asking yourself if I can fire my family law attorney the answer is yes but there are a few things to consider. For many people, the fight over the custody of their children is a matter of extreme importance. Your ability to see your children and be a part of their lives is a precious thing that you…
There are consequences if someone files a false protective order in Oklahoma. Protective orders are essential for victims of abuse to stay safe. When a court issues a protective order against a person who has abused, stalked, or harassed a victim, generally, the abuser faces legal penalties for contacting the victim, thus providing a measure of safety for those who…
In Oklahoma, fathers rights to custody are the same as they are for the mother. There are several factors that help Judges determine child custody in our state. In Oklahoma the family law courts determine child custody based largely on the best interests of the child. The best interest test considers a variety of different factors. Some of the factors…
To be valid in Oklahoma protective orders require a family relationship between the person seeking the order and the person accused of of being dangerous. Anyone concerned for their safety because of stalking, harassment, and threats of violence can obtain protective orders from the court in Oklahoma. One of the questions people seeking protective orders may encounter is whether they…
A parent that is using drugs and alcohol in Oklahoma could lose visitation. Learning that your child’s parent is taking drugs can be distressing, particularly when the individual has visitation rights with your child. Per Oklahoma law, children have a right to communicate and visit with their family, kin, and community regularly, as long as the communication or visitation is consistent…
Ending a guardianship over a child in Oklahoma requires the parent to meet certain standards. The standards are determined by the family law court over seeing the guardianship case. In Oklahoma, a court can place your children under the care and authority of someone else in legal guardianship. Yet, guardianship does not permanently end your parental rights. In some cases,…
You rights to have guns when a protective order Is filed against you is seriously limited. This is a little known consequence of someone filing a victims protective order against you. Its not even a question if the protective order is issued on a permanent basis or its merely temporary. Even before its proven to be valid guns when a…
To establish paternity In Oklahoma you must follow very specific guidelines. Certainly, the conversation surrounding who is the father of a child can be an uncomfortable one. While popular television shows make light of the situation, determining if you are the father of a child is a serious matter with life-altering consequences. Couples that are not married may need assistance…
In an Oklahoma contested child custody case a Guardian Ad Litem Is often ordered by the family court. Whether you and your child’s other parent are separating, divorcing, or your unwedded romantic relationship is ending, you may need to consider formalizing a child custody arrangement. Some co-parents agree on most issues about their children, while others might spend years in…
If your child doesn’t want to visit the other parent there are certain things that you should consider. Like other states, Oklahoma considers regular and continuous contact between a minor child and parent an essential part of a parent-child relationship. However, this can be more difficult when parents divorce or when you have an order for paternity setting out custody…
The process of getting a divorce can be difficult no matter who the parties are. With long hours and the extra burden that can be a part the job, doctors can be particularly vulnerable to their marriages falling apart. Because many doctors are high-income earners and some have their own private practice, a divorce involving one or more doctors can…
Special age considerations for child visitation orders in Oklahoma exist but depend on many different factors. If you are a noncustodial parent, visitation and custody is a crucial part of maintaining your relationship with your children. In establishing your rights to visitation and custody the age of your minor child may affect these valuable visitation rights? Best Interests Of The…
When a spouse refuses to sign the divorce you have several options. Oklahoma is one of the few remaining states that allow divorces based on fault in addition to no-fault divorces. In some circumstances, both spouses may not want to divorce. It is not uncommon for only one spouse to want the marriage to end. In this case, the non-agreeable…
The length of a protective order in Oklahoma depends on some different factors. Understanding what exactly a protective order is and the process will help you understand what’s at stake. A protective order is a legal order issued by an Oklahoma court to protect persons specifically identified in the order from harassment or abuse by a named individual. Its purpose…
There are different kinds of evidence in a custody dispute. The evidence used will help the courts determine which parent should have sole custody or if joint custody is better. In Oklahoma, a judge will only approve a custody plan that promotes the best interests of the child. If parents cannot mutually agree to such a plan, the court will…
Revenge Porn in Oklahoma is becoming more of a problem. Nowadays, cameras are everywhere. Americans snap pictures with their phones, tablets, laptops, cameras, and even handheld videogame consoles. Cameras are even mounted above roadways to document the potentially unlawful behavior of Oklahoma’s motorists. The reality of photography today is that many photographs are taken without a subject’s consent. Additionally, many…
It is important to accurately appraise the value of your business in a divorce case. A business interest is often a marital estate’s most valuable asset, even more valuable than any real estate holdings. Spouses may consider their business interests as inconsequential with little or no financial worth. But an Oklahoma court will assign some value to even a small,…
Placing children on a protective order in Oklahoma is not recommended. A protective order directs a named defendant to follow specific conditions of conduct or behavior. It directs the defendant in the restraining order to stay away from the person who got the order. It serves as a warning to a defendant that violations of a protective order will result in…
You can get a divorce in Oklahoma based on cheating. While Oklahoma grants no-fault divorces, it is one of the remaining states that also grant divorces based on fault, including adultery. Oklahoma law offers a list of grounds for divorce, which can significantly impact how marital assets are divided and custody issues are addressed. Getting A Divorce In Oklahoma Getting a…
Parental kidnapping in Oklahoma is a serious crime. This crime occurs when one parent takes a child from the other parent without legal permission. In the United States, parental kidnapping is most common type of kidnapping, as parents are more likely to commit the crime than non-parents. Normally this kind of kidnapping is part of an ongoing child custody case or a divorce. Most state…
Violating a protective order in Oklahoma has serious long-term consequences. It amounts to contempt of court and can be charged as either a misdemeanor or felony-level offense. Any violations also make it more likely that the Judge hearing the protective order will grant the request. This could end in a permanent order of protection. If you are accused of violating…
Estate planning for blended families in Oklahoma continues to be more important. In the United States, the current divorce rate for first-time marriages is almost fifty percent. Of the fifty percent of marriages that end in divorce, most people re-marry. Bringing two different families together can be difficult and result in many emotions for both sides of the family. These…
Its not uncommon in divorce or child custody cases where a spouse files a protective order against the other side. A protective order in Oklahoma is a court order that protects specific individuals from harassment or abuse. The order limits another person’s behavior towards the individual requesting protection. They can be filed by anyone against another in which they are…
Oklahoma workers compensation benefits affect child support in some instances. Oklahoma law imposes a legal duty on parents to support, protect, and care for their minor children. This includes financial support based on Oklahoma’s child support guidelines. The Oklahoma guidelines require specific data about the number of children subject to the support order, any other children, each parent’s income, the…
A child can decide which parent they want to live with in certain limited cases. The determination relating to the custody of children is often the most challenging issue to decide in a divorce or paternity case. The primary concern of any Oklahoma court with jurisdiction over a divorce or custody case is making decisions in the child’s best interests….
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…
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…
Stalking charges in Oklahoma can escalate to criminal charges. Those include violations of protective orders. 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…
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…
Our Tulsa guardianship attorneys are familiar with all forms and the reasons for guardianship. 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…
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….