Understanding The Indian Child Welfare Act And How It Works in Oklahoma

Indian Child Welfare Act

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…

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What Are My Options When The Custodial Parent Withholds Visitation in Oklahoma

Custodial Parent Withholds Visitation

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,…

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Helping Oklahoma Teens Deal With Divorcing Parents

Deal With Divorcing Parents

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…

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The Process For Appealing A Family Law Decision in Oklahoma

Role Of Jury Instructions

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…

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How Do I Fight a False Protective Order in Oklahoma

Fight a False Protective Order

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…

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The Legal Impact Of Suicidal Allegations On Custody In Oklahoma

Suicidal Allegations On Custody

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…

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Can I Get Child Custody In Legal Separation Cases in Oklahoma

Custody In Legal Separation

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…

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Are Permanent Guardianships Of Children Really Permanent in Oklahoma?

Permanent Guardianships

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…

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In Oklahoma, When Is Alimony Awarded, And If So, How Long Is It Awarded For?

When Is Alimony Awarded

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…

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In Oklahoma, What If My Wife Gets Pregnant By Another Man?

Wife Gets Pregnant By Another Man

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…

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You Can Adopt Your Stepchildren In Oklahoma If The Natural Parent Doesn’t Agree

Adopt your Stepchildren

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…

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How Long Do I Have To File A Family Law Appeal In Oklahoma?

Family Law Appeal

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,…

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What Is Discovery in a Divorce Case in Oklahoma

Permanent Guardianships

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…

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Will My Oklahoma Child Custody Case Include A Child Support Computation?

Child Support Computation

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…

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How Can I get An Annulment In Oklahoma?

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…

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How Do I Divorce A Spouse In Another State?

Divorce A Spouse In Another State

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…

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In Child Custody, Which Parent Picks The School My Child Attends?

Defenses To Piercing The Corporate Veil

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…

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What Makes an Unfit Parent in Oklahoma

Unfit Parent in Oklahoma

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…

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Can You Get Divorced In Oklahoma If You Were Married In Another State?

Divorce A Spouse In Another State

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…

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How Do I Prove Contempt in Family Court In Oklahoma?

Contempt in Family Court

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…

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Do Grandparent Visitation Rights Exist In Oklahoma?

Grandparent Visitation Rights

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…

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How Do I Calculate Child Support In Oklahoma and Who Has To Pay It

Suicidal Allegations On Custody

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…

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Do Unmarried Fathers Have The Same Rights As Married Dads?

Unmarried Fathers

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…

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What Is Contempt of Court in Oklahoma And How Do I Defend Against It?

Role Of Jury Instructions

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…

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Who Pays For Tutoring In A Custody Case in Oklahoma?

Indian Child Welfare Act

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…

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Is It Possible To Get Custody Of Stepchildren in an Oklahoma Custody Case?

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…

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What Happens If Someone Files A False Protective Order In Oklahoma? 

Role Of Jury Instructions

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…

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Are The Fathers Rights To Custody The Same as Mothers Rights in Oklahoma

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…

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Do I Have To Allow Visitation To A Parent That Is Using Drugs And Alcohol in Oklahoma?

Parent That Is Using Drugs

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…

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What’s The Process For Ending A Guardianship Over Kids In Oklahoma?

Estate Planning and Inherited IRA

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,…

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What Is A Guardian Ad Litem In Oklahoma Family Law And Why Might I Need One?

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…

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What Do I Do If My Child Doesn’t Want To Visit The Other Parent in Oklahoma?

Role Of Jury Instructions

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…

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Special Considerations When Doctors Divorce in Oklahoma

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…

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Is There Special Age Considerations For Child Visitation?

Establish Paternity In Oklahoma

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…

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What If My Spouse Refuses To Sign The Divorce in Oklahoma

Divorce A Spouse In Another State

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…

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Can I Get a Divorce in Oklahoma Based on Cheating?

Evidence In A Custody Dispute

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…

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Is There A Crime Of Parental Kidnapping In Oklahoma?

Suicidal Allegations On Custody

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…

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What If My Spouse Files A Protective Order Against Me in Oklahoma?

Role Of Jury Instructions

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…

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Does Workers Compensation Benefits Affect Child Support in Tulsa?

Workers Compensation Benefits

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…

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Is An Inheritance Part of a Divorce Settlement in Oklahoma?

Inheritance Part of a Divorce Settlement

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…

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Determining Child Custody For Unmarried Parents In Oklahoma?

Establish Paternity In Oklahoma

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…

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What Is The Best Custody Arrangement In Oklahoma?

Best Custody Arrangement

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…

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What are Guardianship Requirements If I Have A Felony Conviction In Oklahoma?

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…

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What Is The Waiting Period For A Divorce In Oklahoma?

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…

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Guide To Child Custody Laws In Oklahoma – A Lawyer Explores The Basic

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…

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Mistakes To Avoid In A High Asset Divorce in Oklahoma

High Asset Divorce

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…

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Do I Need Parental Consent to Get a Passport For My Child?

Contempt in Family Court

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…

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Mediation In Divorce And Custody Cases in Oklahoma

Divorce A Spouse In Another State

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…

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How To End A Guardianship in Oklahoma

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…

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Adultery And Child Custody in Oklahoma?

Court Reporter In Your Family Law Case

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…

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Some Reasons Parents Lose Custody In a Tulsa Child Custody Dispute

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…

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How Adoption and Child Support Work In Oklahoma?

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…

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Who is The Primary Custodian in Child Custody Cases in Oklahoma?

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…

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Things To Know When Entering A Child Custody Agreement in Oklahoma

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…

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The Purpose Of Mediation In Child Custody and Divorce In Oklahoma

Mediation In Child Custody

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…

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What is Shared Parenting in Oklahoma Family Law

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…

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What is The Impact of an Emergency Protective Order in Tulsa

Court Reporter In Your Family Law Case

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….

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When Are Drug Tests Used in Child Custody Cases in Tulsa?

Role Of Jury Instructions

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…

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Child Custody and Unmarried Parents in Tulsa

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…

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Temporary Custody Orders in Tulsa

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…

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The Impact of Social Media in a Tulsa Custody Case

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…

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Requesting Psychological Testing in Child Custody Cases in Tulsa

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…

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Can I Modify Child Custody in Tulsa Family Law Cases?

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…

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What If My Child Visitation is Denied in a Tulsa Divorce?

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…

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Oklahoma Custody and Visitation During Coronavirus Outbreak

Contempt in Family Court

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…

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Tulsa Lawyer Explains Oklahoma Common Law Marriage

Deal With Divorcing Parents

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…

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Modifying Tulsa Divorce Decree

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…

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Oklahoma Grandparent Rights

Oklahoma Grandparent Rights

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…

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