Tulsa Attorney Blog
Does One Threatening Voicemail Constitute Harassment in Oklahoma?
If you've received a threatening voicemail and are wondering if it constitutes harassment, Tulsa Attorney James Wirth has some insights for you. In a recent video, he addressed this very question, explaining that harassment typically involves a course or pattern of conduct, rather than a single event. However, threats of violence can be considered a criminal offense in Oklahoma, and threats of imminent physical harm may qualify as domestic abuse for the purpose of a protective order. If you're unsure about your situation, it's important to seek legal guidance. Contact James Wirth's office through MakeLawEasy.com to schedule a consultation and get personalized advice. Read more »If We Both Sign a Joint Custody Agreement and Have It Notarized, Will We Have to Go to Court?
Hi, I'm Tulsa Lawyer James Wirth. If we both have a joint child custody agreement signed and notarized, do we still have to go to court? That's the question that we received on our Facebook or YouTube in response to a video, is if we both sign a joint custody agreement and have it notarized, will we still have to go to court? And the answer is yes. For any order regarding custody visitation or child support to be enforceable, it must be entered by a judge in the county court in Oklahoma. And in order to do that, you've gotta file to open a case, and then at that point, once it's open, get the other party served. If you have an agreement, that's great. You can draft up an agreed order, sign it by the parties, get it notarized. If it's a joint child custody plan, it does need to be notarized, get it to the judge, and it's the judge's signature in filing with the court that makes it enforceable. So just having an agreement, having it notarized is not enough. It is not enforceable unless it's entered by the court in a proper court case where that court has jurisdiction. So make sure you get that done. So if you're dealing with this circumstances, the fact that you have an agreement, that's great. It can decrease the cost and the time it takes to get these things resolved. That is the time when you wanna move forward quickly is when everything's in agreement, but you're gonna wanna do so through the court system, and you may need an attorney to help you with that. If you wanna speak with an attorney at my office, you can go online to MakeLawEasy.com. Read more »What if the Father Does Not Make Enough Money to Pay Child Support?
Addressing Child Support Challenges - What if the father doesn't make enough money to pay his child support? In Oklahoma, child support is determined by the Oklahoma Child Support Guidelines, primarily based on the income of both parties. If the father's income has decreased since the original order was set, he may be able to seek a modification. Child support cannot be modified retroactively, so it's important to take action as soon as possible. Schedule a consultation with an attorney to review the order, guidelines, and current income situation. Don't delay in seeking help to ensure a fair child support amount. Read more »Tulsa Attorney James Wirth on McGirt Ruling - KTUL Channel 8 Interview
Stay informed on the latest developments in the McGirt ruling with Tulsa Attorney James Wirth. Learn about the implications of this significant legal decision and how it may affect you or your loved ones. Whether you have questions about jurisdictional authority, federal court determinations, or any other legal matter, James Wirth is here to provide you with the guidance and support you need. Take action today by scheduling a consultation at makelaweasy.com and ensure that your rights are protected. Don't wait until it's too late - arm yourself with the knowledge and resources necessary to navigate the complexities of the legal system. Read more »What Do I Need to Look for in an Attorney?
Finding the right attorney can make all the difference when going through a divorce or paternity action. It's important to find someone who you can connect with and who has experience in handling cases like yours. As a Tulsa attorney, I understand the importance of having a supportive and knowledgeable advocate by your side during these challenging times. Many law firms offer consultations to see if you are a good fit, so take advantage of that opportunity to find the right attorney for you. With the right attorney on your side, you can navigate the legal process with confidence and peace of mind. Read more »Will Dating during Divorce Hurt My Custody Case in Oklahoma?
Discover how dating during a divorce can influence your legal proceedings, including custody battles, with expert guidance from Tulsa Attorney James Wirth. Book a confidential strategy session to address your specific concerns and safeguard your case. Read more »Is Drug Trafficking an 85% Crime? Do I Need a Pardon to Get an Expungement?
If you have questions about drug trafficking charges and expungement, Tulsa Attorney James Wirth has the answers for you. In Oklahoma, drug trafficking can be regular or aggravated, depending on the amount of controlled substances involved. Aggravated trafficking is considered an 85% crime, meaning you must serve 85% of your sentence before parole eligibility. Additionally, aggravated trafficking is classified as a violent offense, making it ineligible for expungement without a governor's pardon. However, regular drug trafficking convictions may be eligible for expungement under certain conditions. To learn more about your specific situation and legal options, schedule a consultation with an attorney at makelaweasy.com. Read more »Washington Court Grants Mom Custody. Dad Withholds in Washington. Can Mom Enforce in Oklahoma?
Discover the complexities of enforcing custody court orders across state lines with Attorney James Wirth. Understand the limitations of jurisdictional laws and learn about the steps involved in seeking legal resolution. Get informed to protect your parental rights. Read more »Where to Get a Jurisdictional Affidavit for an Oklahoma Divorce?
Discover the role of jurisdictional affidavits in divorce proceedings with Attorney James Wirth. Understand how COVID-19 has impacted the process and learn where to find resources for creating your own affidavit. Get informed and take the right steps for your case. Read more »Protective Order Was Filed but neither Party Resides in Oklahoma and Event Did Not Occur in Oklahoma
Learn about protective order jurisdiction in Oklahoma with Attorney James Wirth. Understand the legal requirements and steps to take if neither party resides in the state. Get informed and take action today Read more »Can Child Support Be Increased without a Court Order in Oklahoma?
Are you facing questions about child support modification without a court order? Attorney James Wirth clarifies the process, emphasizing the importance of proper notification and judicial involvement. Explore your options for addressing lack of notice and ensuring fair outcomes in child support matters. Schedule a consultation at MakeLawEasy.com to receive tailored legal advice for your situation. Read more »I’ve Been Waiting 2 Years for Custody Modification. Anyway to Speed This Up?
Are you experiencing delays in your custody modification proceedings? Attorney James Wirth provides invaluable insights into expediting the process and achieving a faster resolution. From understanding court procedures to implementing strategic approaches, Attorney Wirth offers practical advice to help you navigate the complexities of family law. Don't let delays hinder your custody modification—take action now to move your case forward swiftly. Read more »Protective Order Was Filed and Dismissed against Me 8 Years Ago. Can It Be Expunged?
Discover the steps to expunge a dismissed protective order from your records with Attorney James Wirth. In this informative guide, Attorney Wirth explains the eligibility requirements and filing procedures for expungement, emphasizing the benefits of seeking legal assistance for a successful outcome. Don't let a past protective order hinder your future—take action today with expert guidance. Read more »Filed for Divorce and Ex Moved Out of the Country. Can I Still Get Divorced in Oklahoma?
Learn about the legal options available when filing for divorce with an overseas ex-spouse. Attorney James Wirth explains the jurisdictional requirements in Oklahoma, overcoming service obstacles, and ensuring the progress of your divorce proceedings. Don't let distance hinder your divorce—seek expert guidance and schedule a consultation today. Read more »Failed to Appear for Protective Order Hearing and It Was Granted by Default. Can Anything Be Done?
Learn what to do if you missed a protective order appearance and it's impacting your job. Attorney James Wirth outlines the process for vacating the order within 30 days and discusses the unique considerations for protective orders. Gain insights into presenting your case effectively and schedule a consultation for tailored legal advice. Read more »If My 13-Year-Old Daughter Says She Wants to Live With Me, Will the Judge Order That?
Delve into the complexities of child preference in custody cases as Attorney James Wirth provides valuable insights into this legal matter. Understand the presumption of intelligence at age 12 and the court's considerations when hearing a child's preference. While a child's desire to live with one parent is significant, Attorney Wirth emphasizes the importance of evaluating the unique circumstances of each case. For tailored legal advice and guidance, schedule a consultation at MakeLawEasy.com.
Read more »How Do I Prove My Child Has Been Residing with Me to Establish Jurisdiction for Custody in Oklahoma?
Learn the essential steps to establish jurisdiction for a custody case in Tulsa, Oklahoma, with Attorney James Wirth. From filing UCCJEA affidavits to gathering evidence and presenting testimony, discover the key strategies to prove residency effectively. Gain valuable insights to navigate your custody proceedings with confidence and ensure the best interests of the child are upheld. For personalized guidance tailored to your situation, schedule a strategy session with our attorney at MakeLawEasy.com today. Read more »Is Abandonment Grounds for Seeking Emergency Custody in Oklahoma?
In Oklahoma, the question of whether abandonment justifies emergency custody is a complex one. Tulsa Attorney James Wirth explains the legal considerations and scenarios where emergency action may be necessary to protect a child. Discover the nuanced approach required and why consulting an attorney is crucial for personalized advice tailored to your situation. Read more »How to Start the Divorce Process in Oklahoma?
In my years of experience as a divorce attorney in Oklahoma, I have seen the divorce process play out in various ways. From filing initial pleadings to attending mediation and ultimately finalizing a divorce decree, each step can be complex and emotionally draining. It's important to have a knowledgeable attorney by your side to guide you through the process and ensure your rights are protected. If you are considering filing for divorce or have already begun the process, don't hesitate to reach out for legal assistance. I am here to help you every step of the way. Read more »What Is Paternity in Oklahoma?
If you find yourself in a situation where paternity is in question, it's important to seek legal guidance to navigate through the process. At Wirth Law Office, we have experience in handling paternity cases and can assist you every step of the way. From filing the initial petition for paternity to attending mediation and final trial, we will be by your side to ensure your rights are protected and that the best interests of the child are taken into consideration. Don't hesitate to reach out to us for a consultation to discuss your case and how we can help you achieve a favorable outcome. Read more »How Long Does It Take to Get Criminal Discovery in Oklahoma?
In this blog post excerpt, Attorney James Wirth discusses the timeline and rules for criminal discovery in the state of Oklahoma. He explains that there is a specific statute, Section 22, Section 2002, which governs when and how discovery can be requested. For felony cases, formal discovery can be requested after the district court arraignment. Misdemeanor cases allow for discovery motions to be made early on. The post also mentions Section 258 discovery, which pertains to preliminary hearing discovery. It is important to note that the state is not required to provide discovery until 10 days prior to trial, but defendants can be proactive in requesting information and asking the judge to set earlier deadlines. To schedule a consultation with Attorney Wirth, readers are directed to visit MakeLawEasy.com. Read more »Can a Change in Child Preference Form a Basis for a Motion to Modify Custody in Oklahoma?
In Oklahoma, can a change in a child's preference be the basis for a motion to modify custody? Tulsa Attorney James Wirth explores this question and the related issues. To modify an existing custody order, there must be a permanent, substantial, material change of circumstances that is in the child's best interest. Additionally, Oklahoma law states that the court should consider the preference of a child who is 12 years old or older, or a child of a sufficient age to form an intelligent preference. Two cases, Nosworth and Crouch, provide some guidance on this matter. They suggest that a change in a child's preference can meet the standard for a modification if the preference is explained with good reasons. While having other changes of circumstances may strengthen the case, a child's preference alone may be enough to trigger a hearing and a new determination of the child's best interest. To navigate family law cases in Oklahoma, it is advisable to seek legal advice from an attorney who can provide personalized guidance. To schedule a consultation with Attorney James Wirth, visit MakeLawEasy.com. Read more »What Is the Standard to Modify a Custody or Visitation Order in Oklahoma?
In the state of Oklahoma, modifying a custody or visitation order requires meeting the Gibbons Standard. This two-prong test, established by the Oklahoma Supreme Court in 1968, determines if a change since the last order was entered is permanent, substantial, and material, and if it would significantly benefit the child's well-being. Filing an appeal must be done within 30 days, or the opportunity is lost. To navigate the complexities of modifying an order, it's crucial to consult with an attorney who can devise a strategy tailored to your circumstances. Schedule a consultation with Tulsa Attorney James Wirth at MakeLawEasy.com. Read more »Will I Need to Be Employed in Order to Be in the Tulsa Drug Court Program?
Peter McVary: Will I need to be employed in order to be in drug court in Tulsa County? Hi, my name is Peter McVary, I’m an attorney here in Oklahoma and I want to talk to you about the drug court program in Tulsa County. The road to recovery will require at some point being […] Read more »What Is the Gibbons Standard for Custody Modification in Oklahoma?
The Gibbons standard for a custody modification in Oklahoma, established in the 1968 case Gibbons v. Gibbons, sets the criteria that must be met in order to file for a change in custody or visitation. To meet this standard, it must be shown that there has been a permanent, substantial, and material change of conditions since the last order was made, which directly affects the best interest of the child. Additionally, it must be demonstrated that the child would be substantially better off with the requested change in custody. This standard aims to prevent frequent and unnecessary modifications by requiring significant and beneficial changes. Seeking legal advice from an attorney is crucial for navigating this process effectively. Read more »
