Tulsa Attorney Blog
Self-Representation in Family Law: Risks and Smart Strategies
Are you considering representing yourself in a family law situation? My name is Carl Birkhead, and I'm an attorney at Wirth Law Office in Tulsa, Oklahoma. With seven years of experience in family and criminal law, I've seen many individuals attempt to navigate family court alone, particularly in child custody cases, divorces, and protective orders. While self-representation is possible, it often proves to be more challenging and messy than expected. If you're contending with an opposing lawyer, it's vital to ensure you have legal representation, too. For guidance or to determine if you need an attorney, feel free to reach out. I'm here to help simplify the legal process. Read more »Prenuptial vs. Postnuptial: Securing Your Marriage's Future
Navigating marriage can be complex, and legal agreements like prenups and postnups can offer clarity. Hi, I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma. With seven years of family law experience, I’m here to simplify the legal side of marriage for you. A prenuptial agreement is a contract between you and your partner before marriage, outlining asset and debt division if the marriage ends. But what if you're already married? A postnuptial agreement serves the same purpose, offering financial clarity even after tying the knot. Whether you’re considering a prenup or postnup, feel free to reach out for guidance. Read more »Dividing Retirement Accounts in Divorce: What You Need to Know
Navigating the division of retirement accounts during a divorce can be complex. As Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, I aim to simplify this process. Generally, each spouse is entitled to half of the retirement funds accrued during their marriage. For instance, if $50,000 accumulates in an account during the marriage, each spouse would typically receive $25,000. Often, couples may have separate accounts of similar value, allowing for easier settlements without divisions. When division is necessary, a Qualified Domestic Relations Order (QDRO) is used to specify terms. For personalized guidance, contact our office. Read more »Grandparent Custody Options: Adoption vs. Guardianship Explained
Are you a grandparent seeking custody of your grandchild? I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, with years of experience in family law. Navigating custody can be complex, but I’m here to simplify it for you. In grandparental cases, you're typically looking at guardianship or adoption, depending on the circumstances. For immediate care needs, guardianship might be the first step, allowing you to act as the parent without terminating the biological parents’ rights. If the situation is prolonged and parents fail to maintain a relationship, adoption could be pursued, granting you full parental authority. Reach out to discuss your situation. Read more »Essential Guide to Parental Relocation: Legal Steps and Advice
Are you considering relocating with your child but unsure of the legal steps involved? My name is Carl Birkhead, and I'm an attorney specializing in family and criminal law at Wirth Law Office in Tulsa, Oklahoma. With seven years of experience, I aim to simplify the legal process for you. Parental relocation becomes a legal matter if you’re moving more than 75 miles away from your child’s current home. This situation can be particularly complex in joint custody arrangements. It’s crucial to provide written notice to the non-custodial parent as soon as possible, ideally with proof of delivery, to comply with legal requirements and respect the other parent’s rights. For guidance, feel free to contact me. Read more »Understand Self-Defense: Avoid Crossing into Aggression
Understanding self-defense and when it applies is crucial, especially in cases involving assault and battery. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in family and criminal law for over seven years. Self-defense hinges on the reasonableness of the force used. For instance, responding to a punch with lethal force isn't justified. The force must be proportional to the threat to be considered self-defense. If you face such issues, it's vital to assess your situation carefully. For guidance on whether you have a valid self-defense claim, feel free to reach out for a consultation. Read more »Exploring Non-Parent Visitation Rights: Legal Insights & Tips
Navigating child visitation rights can be complex, especially if you're not the child's parent. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, with seven years of family and criminal law experience. While the law rarely grants visitation rights to non-parents, exceptions exist. Guardianship cases or DHS custody scenarios may allow non-parents time with a child, but these aren't typical visitation rights. Grandparents might gain visitation if they prove an established beneficial relationship with the child, overcoming the presumption that parents act in their child's best interests. If you face these challenges, contact us for guidance—legal hurdles don't have to be insurmountable. Read more »Ensure Legal Success: Proofread Your Case Documents Thoroughly
Are you preparing for an upcoming court hearing? Helping your attorney be well-prepared is crucial for your case. Carl Birkhead from Wirth Law Office shares valuable tips on how you can assist your lawyer outside the courtroom. One essential step is proofreading the pleadings your attorney files on your behalf. It’s vital to verify that all factual information is accurate to avoid potential discrepancies that could lead to serious consequences like perjury charges. Your insights into your case are invaluable; work as a team with your attorney to ensure everything reflects the truth. For guidance and clarity, reach out to Wirth Law Office. Read more »How to Protect Your Attorney-Client Privilege: Key Tips
Navigating attorney-client privilege is crucial for maintaining confidentiality. I'm Carl Birkhead from Wirth Law Office, Tulsa, Oklahoma. Privilege applies when communication is solely between you and your attorney, like direct emails or one-on-one meetings. However, discussing sensitive matters in public or sharing details with others can break this privilege. For instance, if you vent about your case in a courthouse and others overhear, it could be used against you in court. Always ensure your conversations with your attorney remain private. If you have questions or need legal guidance, feel free to contact me. Let's make law easy together. Read more »When Does a Child's Preference Matter in Custody Cases?
In a child custody case, understanding when a child's voice comes into play is crucial. At the age of 12, a rebuttable presumption exists that the child can make an intelligent preference regarding their custody. However, this is not the sole factor in a court's decision. The court examines whether the child's choice reflects genuine thought or simply influence from a parent. Real-life testimonies can be both compelling and decisive. For instance, one child expressed a clear, thoughtful preference to live with his mother, prioritizing his own well-being and safety, which significantly influenced the court's decision in his favor. Read more »How Criminal Allegations Can Impact Your Child Custody Battle
Facing criminal charges during a custody dispute can complicate matters significantly. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, and I'm here to guide you through this challenging intersection between criminal and family law. Depending on the nature of the charge, such as substance abuse or domestic violence, the repercussions on your custody case can range from minimal to severe. A DUI with the child in the car or domestic violence in front of them could drastically impact your parental rights. It's vital to navigate these situations carefully to protect your rights and your children's well-being. For guidance, contact your attorney. Read more »Adult Guardianship Explained: Legal Steps and Considerations
Do you have an adult relative who may need guardianship? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, and I'm here to simplify the process of obtaining adult guardianships. When an adult can no longer care for themselves due to mental incapacity, it might be time to consider guardianship. This process starts with assessing the person's mental capacity and often involves medical evaluations and legal proceedings. While it can be challenging, planning ahead with an estate setup or power of attorney can ease the burden. Contact us at Wirth Law Office for guidance and support. Read more »Expert Tips for Navigating Court-Ordered Community Service
Navigating court-ordered community service can be daunting, but it doesn't have to be. I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, with seven years of experience helping clients understand their legal obligations. Community service is often assigned in criminal cases—be it juvenile delinquency or minor misdemeanors—as part of probation. While courts seldom dictate where you must complete your hours, many non-profits like churches or Habitat for Humanity are excellent options. Completing these hours not only fulfills legal requirements but also prevents further legal issues. If you need guidance, I'm here to make the law easy for you. Read more »Transforming Your Divorce: From Contested to Uncontested
Are you facing a contested divorce and wish to resolve it without going to trial? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma. With seven years of experience in family and criminal law, I aim to make law accessible by guiding you on transforming a contested divorce into an uncontested one. Courts prefer amicable resolutions, as parties tend to be more satisfied with agreements they reach themselves. Mediation often proves effective, fostering compromise through a neutral third party. My advice? Try to settle and negotiate a livable agreement. For more guidance, feel free to reach out. Read more »Parental Alienation: Impact on Custody Battles and Legal Advice
Parental alienation occurs when one parent attempts to sabotage a child's relationship with the other parent. This can involve refusing visitation, blocking communication, or speaking negatively about the other parent. Courts frown upon these behaviors and may even change custody arrangements if parental alienation is proven. As an attorney with Wirth Law Office in Tulsa, Oklahoma, I advise my clients to refrain from speaking ill of the other parent and to let the court address any legitimate concerns. Protecting the child's well-being is paramount. If you suspect you're a victim of parental alienation, our experienced family law team can offer guidance. Read more »Navigating Bail Options: A Guide to Bonds in Criminal Cases
Facing criminal charges and need to navigate the complexities of bail? I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, with seven years of experience in criminal law. Let me simplify the process for you by explaining bail, its types, and your options. Whether it's a cash bond or hiring a bondsman, understanding how to secure a PR or OR bond can be crucial. It's essential to comply with court appearances to avoid additional costs. If you have questions or anticipate charges, contact us to discuss your options. I'm here to help make law easy for you. Read more »Safeguard Your Custody Rights: Navigate Allegations Wisely
Are you involved in a custody case and worried about allegations of sexual impropriety? I'm Carl Birkhead, an attorney with Wirth Law Office, here to help you navigate these challenging situations. It's crucial to ensure your actions are beyond reproach, as any hint of inappropriate behavior can jeopardize visitation or custody rights. Even unproven allegations may derail a smooth resolution. These claims are highly volatile, often treated as guilty until proven innocent. If you're facing such concerns or know someone who is, contact us. At Wirth Law Office, we're committed to making law accessible and supporting you through this process. Read more »How Social Media Posts Can Ruin Your Legal Case: Attorney Tips
Are you caught in a legal battle and unsure how social media might impact your case? I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, specializing in family and criminal law. Social media can significantly affect your case, often to your detriment. My advice? Don't post about your legal issues. Social media content can easily become evidence against you. I've seen cases crumble due to careless posts, from divorce dramas to criminal accusations. Remember, the right to remain silent isn't just for criminal situations. Think twice before posting, and if you have questions, feel free to reach out. I'm here to help. Read more »Private Child Adoption: Legal Process Explained by an Attorney
Considering adoption? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, here to guide you through the legal adoption process. Whether it's a stepparent, grandparent, or other guardian adoption, knowing the legal steps is crucial. If you're looking to terminate parental rights for a new adoption, the key factors include assessing the parent's relationship and support to the child over the past 14 months. The process involves filing a petition, serving the parents, and potentially going to trial if there's opposition. With thorough preparation, including home studies and background checks, a smooth adoption is possible. Contact me for more guidance. Read more »Non-Custodial Parent Rights: Navigating Custody and Decisions
Navigating a custody battle can be confusing, especially as a non-custodial parent. At Wirth Law Office in Tulsa, Oklahoma, attorney Carl Birkhead is here to clarify your rights. Understanding custody types is crucial—physical custody refers to who the child lives with, while legal custody involves decision-making authority. Even as a non-custodial parent, you may share legal custody, allowing you to partake in major decisions concerning your child's education, healthcare, and more. During visitation, you have the autonomy to make everyday parenting choices. If you need guidance or support throughout this process, Carl Birkhead is ready to assist you in making law easy. Read more »Why Contested Divorces Cost More: A Detailed Breakdown
Contested divorces are typically more costly due to the complexity and unpredictability involved. Unlike agreed divorces, where terms are settled amicably, contested cases require extensive legal work. Attorneys usually charge hourly, increasing costs as disputes over assets, child custody, and support prolong. Each party may engage in additional legal maneuvers, like discovery and depositions, further escalating expenses. The uncertainty of how much work a case will demand prevents upfront flat-fee arrangements. While most cases settle before trial, the potential for a drawn-out process with expert witnesses and investigations can significantly raise costs, making personalized legal consultation crucial. Read more »Expedite Stalled Visitation Cases: Effective Strategies & Tips
Navigating a family law case in Oklahoma can be frustrating, especially when visitation rights are delayed for years. The court system often requires active participation from the parties involved to push cases forward. If you're seeking visitation, it's crucial to file necessary pleadings and request a temporary order hearing to establish interim visitation rights. Setting a scheduling order can help avoid further delays by establishing clear deadlines for discovery, mediation, and pretrial activities. New laws effective November 1, 2024, aim to expedite temporary order hearings, offering hope for quicker resolutions. For personalized guidance, consider consulting with an attorney to develop a strategic approach. Read more »Can You Be Charged with Bigamy in Oklahoma? Legal Insights
A woman marrying a married man raises legal questions about bigamy in Oklahoma. Oklahoma statutes, specifically Title 21, Sections 881 to 884, address the crime of bigamy. Notably, both parties can be prosecuted if the woman knowingly marries someone already married, with potential penalties including imprisonment. Exceptions exist, such as if a spouse is absent for five years or if there's an annulment. Despite the clear laws, prosecutions are rare. For personalized legal advice, consulting an attorney is recommended. For a consultation with Tulsa attorney James Wirth, visit MakeLawEasy.com. Read more »Child Support Modification: Key Steps and Considerations Explained
Navigating child support modification can be daunting, but understanding the basics is crucial. My name is Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in family law. Whether due to job changes, shifts in custody, or evolving financial circumstances, modifications require a clear understanding of current legal orders and financial situations. I’ll guide you through reviewing your case details, from income changes to child custody arrangements, ensuring all factors like health insurance and daycare expenses are considered. If you're facing a child support modification, I'm here to help simplify the process. Contact us for a consultation. Read more »Mastering Motions to Quash: Key Insights for Felony Case
If you're involved in a felony case and confused about what a motion to quash means, you're not alone. I'm Carl Birkhead, an attorney at Wirth Law Office with seven years of experience in criminal law, and I'm here to clarify this crucial stage in the felony process. A motion to quash typically follows a preliminary hearing where the state has presented its case. If your attorney believes the state shouldn't have won at this stage, they might file this motion to challenge the ruling and seek dismissal. Understanding the legal elements involved can be complex, but I'm here to help make it easier. Read more »
