Tulsa Attorney Blog
Got My Son a Phone but Ex Won't Allow it at Her House. What Can I Do?
In this 100-word excerpt, Tulsa attorney James Wirth discusses the issue of a parent not allowing their child to have a phone at their house, causing communication issues between the child and the other parent. Wirth explains the general rule that decisions like this are determined by the parent with physical custody at that time. However, if there is joint custody, a joint child custody plan may address specific issues like phones. Wirth suggests utilizing a parenting coordinator for small parenting issues to avoid costly court battles. He encourages seeking legal advice to address unique circumstances that may impact the situation. Read more »Who Testifies at a Preliminary Hearing in Oklahoma?
In the state of Oklahoma, who testifies at a preliminary hearing? Tulsa Attorney James Wirth explains that the state is required to prove the crime was committed and that you committed it. Typically, witnesses called depend on the type of offense. For felony domestic violence, the victim may testify, while for possession of CDS, law enforcement is common. The state calls a minimum number of witnesses to establish probable cause. The defense rarely calls witnesses to avoid revealing their strategy. However, in certain cases, calling a witness may be strategic to secure crucial testimony. For legal advice on felony charges in Oklahoma, consult a lawyer at makelaweasy.com. Read more »What if Your Common Law Spouse Dies with Real Estate Her Name?
In the event of your common-law spouse passing away with real estate and property solely in their name, it's important to understand your rights and options. As a Tulsa attorney, I want to assure you that being in a common-law marriage holds the same legal weight as a traditional marriage. You have the right to file a probate action to prove your status as a common-law spouse and secure your entitlement to marital property. Whether the real estate was acquired during the marriage or prior to it, there are factors to consider in determining the distribution of assets. Seek legal counsel to navigate through this process and ensure your rights are protected. For personalized guidance, schedule a consultation with a knowledgeable attorney at our office. Visit makelaweasy.com to book an appointment. Read more »Dad is Making Progress with Mental Heath Struggles, But Mom Won't Allow His Visitation.
If you are a father who is actively working on improving your mental health and fulfilling your child support obligations, it can be frustrating to be denied visitation with your children. You have rights as a parent, and it is important to explore your options for enforcing those rights.
Attorney James Worth specializes in father's rights and child support enforcement cases. He can help you understand the legal process and advocate for your interests in court. With the right legal representation, you can work towards a resolution that allows you to maintain a meaningful relationship with your children.
Understanding your rights as a father is essential. Attorney James Worth can explain the laws that apply to your situation and help you develop a strategy for asserting your parental rights.
Don't let frustration and confusion prevent you from seeking the legal help you need. Contact Attorney James Worth today to schedule a low-cost initial strategy session. Take the first step towards resolving your family law issues and securing your rights as a father. Read more »Challenging Evidence: The Exclusionary Rule in Oklahoma Law
In criminal cases, the exclusionary rule plays a crucial role in enforcing constitutional rights in Oklahoma. As a Tulsa attorney, I have seen firsthand how this rule can make a difference in ensuring justice is served. Whether it's a Fourth Amendment violation, Miranda rights violation, or a Brady violation, the exclusionary rule serves as a safeguard against law enforcement misconduct. By excluding illegally obtained evidence, we can hold the state accountable and protect individuals from unjust prosecution. If you believe your rights have been violated, it's important to seek legal advice from an experienced attorney who can help navigate the complexities of the legal system. Contact my office at MakeLawEasy.com to discuss your case confidentially. Read more »Handling a Bench Warrant: What Steps to Take in Oklahoma
Handling a bench warrant in Oklahoma can be a complicated and stressful situation. Whether it's a failure to pay, failure to appear, an application to accelerate or revoke, or a new case, the steps you take can have a big impact on the outcome. It's crucial to have an experienced attorney on your side to navigate the legal process and help you resolve the warrant as quickly and efficiently as possible. Don't risk being arrested during a traffic stop or having your bond tripled. Contact an attorney like James Wirth to assist you in handling your bench warrant and getting your legal issues sorted out. Read more »Challenged by Ex, Temp Visitation Order Struggles to Ramp Up
If you have a temporary order for extended standard visitation that is not being followed by your ex, it's important to understand your options. Extended standard visitation typically means every other weekend, possibly starting on Friday night and ending on Monday morning. If there was an understanding that visitation would increase over time, but it's not happening, you may need to take legal action. Make sure any step-up provisions are clearly outlined in the court order to make enforcement easier. Consider pushing the case forward to trial to demonstrate non-compliance and seek a modification. Every case is unique, so seeking the advice of an attorney is crucial. Contact us at makelaweasy.com to discuss your specific situation. Read more »What are the Consequences of Failing to Appear for Court in Oklahoma after Bailing Out?
Don't let failing to appear in court after bailing out in Oklahoma compound your legal troubles. Ignoring a court date can lead to a warrant for your arrest and an increase in your bail amount. It's crucial to act quickly and coordinate with your bail bondsman and attorney to address the situation and potentially have the warrant recalled. Seeking legal advice tailored to your specific circumstances is essential in navigating this challenging situation. Contact Justice Attorney James Wirth at MakeLawEasy.com to schedule a consultation and take steps to resolve your case effectively. Don't delay, your freedom may depend on it. Read more »What Happens to the Bail Money if You Attend All of Your Court Dates in an Oklahoma Criminal Case?
In Oklahoma, what happens to your bail money if you make it to all court appearances and finish out your case? Attorney James Wirth breaks it down for you. If you or a family member paid the bail amount, you can get 100% refunded once the case is resolved. However, if there are court costs, fines, or restitution, they may deduct from the refund. If you used a bail bondsman, the fee you paid (typically 10% of the bail amount) is non-refundable. The bail bondsman is off the hook once your case is done, but you'll still be responsible for any fines and costs. For personalized legal advice, contact Attorney James Wirth at MakeLawEasy.com. Read more »Can a Divorce Require a Name Change in Oklahoma?
Can a divorce require a name change in Oklahoma? Attorney James Wirth explains that while the court cannot force a name change post-divorce, the individual who had their name changed for the marriage can request to go back to a prior name. This is not mandatory, and there are no gender rules regarding this decision. The husband cannot make requests regarding the wife's name post-divorce, as it is ultimately up to the individual who had their name changed. If you are facing this situation, it is recommended to seek legal advice from an attorney. Schedule a consultation with Attorney James Wirth at MakeLawEasy.com. Read more »Do I Need an Agreement to File for Divorce in Oklahoma?
Do I need an agreement to file for divorce in Oklahoma? Attorney James Wirth answers this common question, explaining that while having an agreement can make the process simpler and faster, it is not necessary. In most cases, couples are not in agreement when filing for divorce, which is why they are seeking legal intervention. Through the court process, opportunities for settlement and negotiation arise, with mediation often being a requirement before trial. Ultimately, many cases result in an agreed final order rather than going to trial. If you are facing a divorce and need legal advice, reach out to an attorney for guidance tailored to your specific situation. Read more »Oklahoma's Recommended Visitation for 18 Month to 36 Month Old
In this blog post, Tulsa attorney James Wirth discusses the recommended visitation guidelines for 18-month to 36-month-old children in Oklahoma. These guidelines were established in 2004 to provide uniformity and promote the best interests of the child based on current scientific research. Wirth explains the importance of maintaining routines, supporting the child's relationship with both parents, and implementing strategies such as daily telephone contact and picture books to facilitate smooth transitions and positive interactions. While the guidelines offer valuable insight, Wirth emphasizes the need for individualized legal advice and representation when navigating visitation issues in Oklahoma courts. To learn more, visit MakeLawEasy.com. Read more »Oklahoma's Recommended Visitation for 9 to 18 Month Old
In this excerpt, Tulsa attorney James Wirth discusses Oklahoma's recommended visitation guidelines for children aged nine months to 18 months. He explains that these guidelines were established in 2005 to determine the best interests of the child based on their age and development. Wirth emphasizes the importance of predictability and consistency for children in this age group, as well as the need for both parents to participate in daily routines and have frequent contact with the child. While the guidelines do not favor one parent over the other, they do recommend that parents establish similar routines and maintain regular communication. Wirth suggests that if both parents work outside the home, splitting weekends may be a practical solution to ensure quality time with the child. He advises individuals involved in family law cases in Oklahoma to seek legal advice from an attorney to navigate these guidelines effectively. Read more »Tulsa Attorney James Wirth on McGirt Ruling - KTUL Channel 8 Interview
Watch the video above to learn more about the recent release of Jim C. McGirt, a man at the center of a landmark case. After serving over 27 years in prison for aggravated sexual abuse, a federal judge ruled that his 30-year sentence has been completed with credit for time served. This decision stems from the McGirt v. Oklahoma case, where jurisdiction over crimes committed on tribal land was called into question. The ruling has had a significant impact on the legal system in Oklahoma, potentially upending years of court decisions. Stay tuned as we continue to follow this developing story. Read more »How Does a Divorce Affect Estate Planning in Oklahoma?
Estate planning is often overlooked in the midst of a divorce, but it is crucial to revisit and update your will, advanced medical directive, power of attorney, and trust during this time. Your ex-spouse should not be making life-altering decisions for you if you become incapacitated. It's important to review and refresh these documents annually to ensure they are up to date. Don't wait until it's too late to make these necessary changes. Take the time to protect yourself and your assets during this difficult time. Your future self will thank you for being proactive in your estate planning. Read more »What Is Support Alimony?
Support alimony is a complex issue that often arises during divorce proceedings. In Oklahoma, it is not clearly defined in statutory law, leaving it up to the discretion of the court. The two-pronged test involves determining if one party has a need for support and if the other party has the ability to meet that need. This assessment is based on individual budgets and financial circumstances. If one party has a deficiency and the other has an excess after expenses, the court may allocate support alimony accordingly. It's important to seek legal advice to understand how support alimony may apply to your specific situation. Read more »Oklahoma's Recommended Visitation for 3 to 5 Year Old
Oklahoma's recommended visitation schedule for children age three to five is outlined in advisory guidelines established by the state in 2004. As Tulsa attorney James Wirth explains in a series of videos, these guidelines aim to determine what is in the best interest of the child based on current scientific research and provide some uniformity in visitation schedules across different judges and counties. For children in this age group, it is important to consider their impulsive nature, concrete thinking, and tendency to say what they think parents want to hear. The guidelines recommend gradually increasing visitation time as the child becomes more comfortable moving between two homes, with a focus on maintaining a consistent routine and allowing for adequate parental involvement. Ultimately, it is crucial to seek legal advice and tailor the visitation schedule to the specific needs of your child and family dynamics. Read more »Oklahoma's Recommended Visitation Schedule for Ages 5 to 17
Oklahoma's recommended visitation schedule for ages five through 17 is a crucial aspect to consider when navigating custody arrangements. Tulsa Attorney James Wirth dives into the advisory guidelines and standard visitation schedules set by the Oklahoma legislature in 2004. These guidelines provide recommendations for weekend sharing, midweek sharing, holidays, summer break, midterm breaks, transportation, and coordinating visitation with siblings. While these guidelines are not mandatory, they serve as a helpful starting point for developing a visitation schedule that suits the best interest of the child. Consulting with a knowledgeable attorney is key to understanding and implementing these guidelines effectively in your custody case. Read more »What Do I Do to Get My Kids Out of a Guardianship?
If you're facing the challenge of getting your kids out of a guardianship, it's important to understand your rights as a parent. Constitutional law grants parents the right to the care and custody of their children, unless they are found to be unfit. In order to terminate a guardianship and regain custody, you must demonstrate to the court that you are now fit to care for your children. This may involve addressing any issues that led to the guardianship in the first place, such as unsafe living conditions or substance abuse. Working with an experienced attorney like James Wirth can help guide you through the legal process and ensure the best outcome for your family. Read more »Oklahoma's General Recommendations Regarding Parental Visitation
Read more »An Overview of Oklahoma’s Parental Visitation Advisory Guidelines
What are Oklahoma's general guidelines related to parental visitation? I'm Tulsa attorney James Wirth. That's a question that we have. I'm doing a series of videos related to the advisory guidelines and visitation schedules based on the report that came out from the Administrative Director of Courts as requested by the legislature back in 2004.
So as part of that, they've got different visitation schedules that fit different circumstances based on the age of the child. Sometimes they got to, you know if there's a long distance between the two parents, then there's a special schedule for that. But this video is about the general recommendation regarding parental visitation as it appears in those advisory guidelines. So let's see what that provides.
Minimum Amount of Time
First off, generally you want to have a specified minimum amount of time for the non-custodial parent or the secondary custodial parent. Some people call it standard visitation of every other weekend or extended plus, but that's generally considered to be minimum visitation if you put in that schedule. So this is the minimum, but you can allow more visitation beyond that.
What this indicates here is that there's a preference for having a specified minimum amount as opposed to having a maximum amount or exact set amount. Additionally, it notes that as far as what's best for kids, stable and meaningful involvement of both parents is generally best. Of course, absent, you know, there being issues where one parent is a danger to the child, of course.
Parental Obligations
Divorced, separated parents have inherent obligation towards their children, including avoiding open conflict, particularly in the presence of the kids, maintaining positive existing relationships, both with the children and the other parent, communicating and cooperating with each other to arrange the children's activities, maintaining and sharing full and complete access to medical records, school records, maintaining direct contact with personnel working or caring for their children.
Maintaining consistent rules from one house to the next. This is one that is, it's good in theory. In practice, it's very rare. Each party usually has kind of their own rules in their household. Based on the general custody rules in the state of Oklahoma, each parent is usually allowed to have their own rules, but the advisory guidelines do recommend that the parties have consistent rules and they coordinate on that to create a sense of security for the kids.
Call to Action: Low-Cost Initial Strategy Session
If you're dealing with a case in Tulsa County or in any county in the state of Oklahoma, where you've got visitation and custody issues, you're probably gonna not just watch videos online, but you're also gonna want to talk to a Tulsa child custody lawyer privately and confidentially. To get that scheduled with a Tulsa lawyer at Wirth Law Office, you can go online to makelaweasy.com or call 918-879-1681 for a low-cost initial strategy session.
Oklahoma's Recommended Long-Distance Visitation Schedule
Navigating long-distance visitation guidelines in Oklahoma can be complex. Understanding the recommended schedules for children of different ages, handling transportation costs, and ensuring monthly contact can be challenging for parents. It is crucial to familiarize yourself with these guidelines to ensure the best interests of your child are met during custody and visitation disputes.
For personalized legal advice on visitation schedules and custody matters in Oklahoma, contact Tulsa attorney James Wirth. Schedule a low-cost initial strategy session by calling 918-879-1681 or visiting makelaweasy.com. Let us help you navigate the legal complexities of long-distance visitation and protect your child's best interests. Read more »Oklahoma's Recommended Visitation for Birth to 9 Months Old
Oklahoma's recommended visitation schedule for infants from birth to nine months is based on the idea that babies form multiple strong attachments and can bond with both parents. The guidelines emphasize the importance of frequent contact with both parents, a predictable schedule, and routine. It is recommended that infants have contact with both parents to allow for bonding and trust to develop. If one parent has been less involved, gradual introduction to visitation is suggested to allow the child to become accustomed to the new parent. Communication between parents regarding the child's needs and daily activities is also encouraged. While these are just guidelines, they can serve as a helpful reference when discussing visitation arrangements in court. If you need legal advice on visitation schedules, it is recommended to consult with an attorney. Read more »What If the Father Denies the Baby During Pregnancy and Abandons the Mother?
In this excerpt, Tulsa Attorney James Wirth discusses the complicated issue of paternity and parental rights when a father denies the baby during pregnancy and abandons the mother. He explains that while the mother cannot unilaterally put the father on the birth certificate if he is not present to sign the Acknowledgement of Paternity form, the father does not lose all rights by opting out initially. Wirth advises that the biological father can still assert his rights through a paternity action and the courts will often prioritize the best interests of the child in determining custody and visitation. If you are facing a similar situation, it is recommended to seek legal advice from an attorney. Read more »What to Expect During a Probation Period in Oklahoma
Navigating a probation period in Oklahoma can be complex and vary depending on the court and the specifics of your case. From fines and costs to supervision fees and potential drug testing, there are a multitude of factors to consider. Attorney James Worth breaks down what you can expect during probation, whether it's municipal court with work hours and classes, or county court with DA or DOC supervision. Understanding your rights, obligations, and potential consequences is crucial during this time. For personalized legal advice tailored to your situation, schedule a consultation with a lawyer at makelaweasy.com. Read more »If I Move Out Prior to Filing for Divorce Will that be Considered Abandonment?
If you're considering moving out before filing for divorce, you may be wondering if that constitutes abandonment. Tulsa Attorney James Wirth explains that while Oklahoma is a no-fault divorce state, abandonment is still a factor that can be considered in certain contexts. It's important to understand the potential consequences of leaving the marital home, especially if you have specific goals regarding custody or property division. Judges typically prefer to maintain the status quo, so making strategic decisions about your living situation can impact the outcome of your case. Consulting with an attorney to discuss your individual circumstances and goals is key to navigating the divorce process effectively. Read more »
