Tulsa Attorney Blog
At What Age Can a Child Choose Their Custody and Visitation in Oklahoma?
In the state of Oklahoma, there is no specific age at which a child can choose custody and visitation. Minors cannot make this decision, except when they turn 18 and become adults. However, there are certain statutes that consider a child's preference. In custody cases, the age of 12 is generally seen as the point where a child's preference can be taken into account by the court. The court is not obligated to follow the child's preference, but must hear and consider it. In guardianship cases, the age is 14. It is important to note that intellectual development also plays a role, so the age can vary depending on the individual child. To get personalized legal advice on family law matters in Oklahoma, it is recommended to consult an attorney. Contact information for scheduling a consultation can be found at makelaweasy.com. Read more »What Does Oklahoma’s Child Preference Statute Say?
Oklahoma's Child Preference Statute, Title 43, Section 113, allows a child to express their preference regarding custody or visitation in a court proceeding. The court will first determine if it is in the best interest of the child to allow their preference. If the child is 12 years old or older, there is a presumption that they are old enough to form an intelligent preference. The court will consider the child's preference or testimony, but is not bound by it. Factors such as the child's reasons, any manipulation or alienation, and overall best interest of the child will be taken into account. It is important to consult with an attorney for personalized legal advice regarding family law matters in Oklahoma. To schedule a consultation with Tulsa Attorney James Wirth, visit MakeLawEasy.com. Read more »Can a Child Choose What Parent to Live with in Oklahoma?
In the state of Oklahoma, many parents and children wonder if a child can choose which parent to live with. According to Oklahoma Attorney James Wirth, the answer is no. However, there is more to it than a simple yes or no. Ultimately, it is up to the parents to decide together or a judge to determine the best interest of the child. There is a statute that considers a child's preference, particularly if they are of sufficient age to express it. While there is a presumption that a child 12 and older is intelligent enough to make a preference, it can be rebutted. The court must consider the child's preference, but is not bound to follow it and may consider other facts as well. For personalized advice regarding family matters in Oklahoma, consulting an attorney is necessary. Read more »How Is Parental Unfitness Defined in Oklahoma?
In the state of Oklahoma, parental unfitness is a crucial factor in guardianship cases. Tulsa Attorney James Wirth explains that it is not simply enough for someone to prove they would be a better legal custodian; they must also demonstrate that the parents are completely unfit or unavailable. The definition of unfitness is subjective and comes from a case called DHS v. Route. It refers to a condition in life, character, and habits that hinder the child's ordinary comfort, intellectual, and moral development. It is important to note that unfitness cannot be determined through a comparison between the parties vying for custody. Wirth clarifies that this standard is different when dealing with guardianship proceedings, as parents have a constitutional right to the care and custody of their children, which can only be interfered with if certain standards are met. To receive legal advice specific to your circumstances, it is recommended to consult with an attorney privately and confidentially. Read more »How Do You Proceed if There Is a Criminal Case and a Protective Order Case against You in Oklahoma?
In Oklahoma, navigating a criminal case and a protective order can be complex. As Tulsa Attorney James Wirth explains, remaining silent in the criminal case does not guarantee the same protection in the civil case. While your lawyer can present evidence and make arguments on your behalf, the opposing party can still call you to testify. If you choose to invoke your Fifth Amendment rights, the judge may view it negatively and make decisions based on that inference. To navigate this situation, it is crucial to consult with an attorney who can guide you through the process and develop a strategy that protects your rights. To schedule a consultation, visit MakeLawEasy.com. Read more »Out of Jail for Two Years but My Ex Won’t Let Me See My Kid! What Do I Do?
In this blog post excerpt, Tulsa Attorney James Wirth addresses a question from a reader who is having difficulty seeing his children after being released from prison. Wirth explains that a new law, effective November 2022, grants fathers the same rights as if they were married to the child's mother. However, in practice, enforcing these rights can be challenging without proper documentation. Wirth advises the reader to seek legal help and establish custody and visitation rights through a paternity action. He emphasizes the importance of taking action quickly to strengthen the father-daughter relationship and encourages the reader to schedule a private consultation for personalized advice. Read more »DHS Child Support Enforcement Won't Approve My Order. What Do I Do?
Are you struggling to get DHS Child Support Enforcement to approve your order? Tulsa Attorney James Wirth understands your frustration. In his blog post, he shares his advice on what to do in this situation. He suggests that if you're not receiving any response from DHS, it's best to set the case for court again. By doing so, all parties involved will be required to appear, giving you the opportunity to speak with them, make edits, and potentially enter an agreed signed order. If that doesn't work, you can request a trial date and put pressure on getting it done, either by agreement or court order. For more personalized legal advice related to family law in Oklahoma, James Wirth encourages you to schedule a confidential consultation with his office online at MakeLawEasy.com. Read more »In a Pending Divorce Case, Who Pays When a Car Payment Is Late?
In a divorce proceeding, determining who is responsible for a late car payment can be complex. Tulsa attorney James Wirth explains that when a divorce petition is filed in Oklahoma, an automatic temporary injunction is attached, requiring payments to be made as usual. This means that whoever historically paid the bill should continue to do so. However, to ensure clarity, Wirth recommends filing an application for a temporary order, which will govern payment responsibilities during the divorce process. It's important to note that while a judge can order one party to pay, they cannot prevent the creditor from pursuing the other party if they are also listed on the debt. To protect your credit, it may be wise to take on the payment responsibility, with the potential for reimbursement in the final divorce decree. Seeking advice from an attorney is recommended to navigate this situation effectively. To schedule a consultation with James Wirth, visit MakeLawEasy.com. Read more »How Much Evidence Does It Take for a Judge to Grant a Motion for Hair Follicle Drug Testing?
Are you wondering how much evidence is needed for a judge to grant a motion for hair follicle drug testing? Tulsa Attorney James Wirth breaks it down for us. While some believe it may be difficult to convince a judge, Wirth explains that if you can show there are legitimate concerns, most judges are likely to grant the testing. However, it is important to note that you may be required to cover the costs initially, which could be reallocated if the test is positive. Wirth emphasizes that in custody cases, the mental health and well-being of those around the children are of utmost importance. If you have any concerns, it is worthwhile to pursue drug testing for the protection and best interest of the children involved. If you need legal advice specific to your situation, Wirth recommends scheduling a private and confidential consultation with an attorney at his office. Visit MakeLawEasy.com to get started. Read more »Can I Believe My Bail Bondsman?
In this blog post, Tulsa attorney James Wirth addresses the question of whether or not you can trust your bail bondsman. He explains that while attorneys have a fiduciary obligation to their clients and must always be truthful, bail bondsmen do not have the same ethical obligations. Wirth shares instances where bail bondsmen may not be truthful, such as when a client misses their court date. He advises working with an attorney in such situations to negotiate with the judge and ensure that the bond is reduced and the bail bondsman re-endorses it. Wirth concludes by emphasizing the importance of seeking legal advice from an attorney for specific circumstances related to criminal defense or Oklahoma law. Read more »If I Die, Will My Ex Get Custody under Oklahoma Law?
In this blog post, Tulsa attorney James Wirth addresses a common concern among parents: what happens to the child if the custodial parent passes away? Wirth explains that in Oklahoma, the child typically goes to the other parent, depending on the established rights and circumstances. However, he advises parents to have estate planning documents in place to indicate their preferences for the child's guardian. While this doesn't guarantee that the preferred guardian will be granted custody, it provides some weight to the court's decision. Wirth advises documenting any concerns about the other parent and ensuring that the preferred guardian understands the process of filing for guardianship. For more specific legal advice, readers are encouraged to schedule a consultation through makelaweasy.com. Read more »Todd Chesbro Appointed as a New Special Judge in Tulsa County, Starting January 8, 2024
Todd Chesbro has been appointed as the new Tulsa County Special Judge, taking over the family docket C previously handled by Judge April Seibert. Starting on January 8th, 2024, Chesbro will bring his experience from working at the Tulsa County District Attorney's Office and the Rogers County District Attorney's Office, as well as his background as a wrestling coach at Bishop Kelly and being inducted into the National Wrestling Hall of Fame. If you have a family law case on docket C in Tulsa County, make note that it will now be handled by Chesbro. For legal matters in Tulsa County, reach out to Attorney James Wirth at MakeLawEasy.com. Read more »The 2024 Tulsa County Special Judge Assignment Shuffle
In Tulsa County, the district judges have decided to rotate the special judges who handle family laws, small claims, and lower-level criminal cases. This rotation is happening now with the new administrative order that was filed on January 2nd, 2024. Judge April Seibert will now handle preliminary hearing dockets, while Judge Casey Baldwin moves to the misdemeanor docket and the misdemeanor domestic docket. Judge Tanya Wilson will be moving to Family Docket C, and Judge Travis Horton will handle the Drug Court docket. Additionally, newly appointed Special Judge Todd Chesbro will take over Family Division Docket C. If you have a case being handled by one of these judges, it will likely be transferred to the new judge starting January 8th, 2024. If you have any questions about your case or need legal advice, it is recommended to consult with an attorney. Read more »DHS Places the Baby with Dad. What Does Dad Need to Do?
Tulsa Attorney James Wirth discusses the situation where DHS has placed a baby with the father temporarily, but requires him to get an attorney before closing the case on the mother. Wirth explains that in Oklahoma, if a child is born outside of marriage, the mother usually has de facto sole custody. However, a new law states that parents of a child born out of wedlock should be treated equally, although it can be challenging in practice. Wirth advises that the father needs to obtain a court order to establish his parental rights and show that he has the legal authority to protect the child from the mother. DHS wants the father to have this documentation to ensure the child's safety. Read more »What Happens When a Lawyer Withholds Evidence?
In this blog post, Tulsa Attorney James Wirth addresses the issue of lawyers withholding evidence and the potential consequences. He explains that in criminal cases, the state has an obligation to provide certain discovery materials to the defense, and withholding such materials could lead to a Brady violation, dismissal of the case, or suppression of evidence. However, in civil court, the other side does not have an obligation to provide evidence, so it is the responsibility of the opposing party to ensure that relevant and material evidence is entered. If the judge makes poor decisions or disallows certain evidence, the options may be limited, but there could be grounds for an appeal. Wirth encourages readers to consult with an attorney for specific legal advice and offers a way to schedule a consultation on his website, MakeLawEasy.com. Read more »Is Oklahoma an Alimony State?
In Oklahoma, determining spousal support or alimony is at the discretion of the court rather than being based on a specific length of marriage. The court considers factors such as the need to be supported, the other party's ability to provide support, and the requested amount in relation to the marriage. If you sacrificed your career or education for the marriage, it can strengthen your case for spousal support. The court also has discretion in determining the duration of support, with no specific rule regarding the length of marriage. If you need guidance on spousal support in Oklahoma, it is recommended to consult with an attorney who can provide personalized advice based on your situation. Read more »What Happens if the Other Side Fails to Respond to My Contempt?
In the state of Oklahoma, if the other party fails to respond to a contempt citation, there are specific procedures to follow. Tulsa Attorney James Wirth explains that when a contempt citation is filed, the accused party is not required to file a response. However, they must appear in court for an arraignment and attend all scheduled court dates. If they fail to appear after being personally served with notice, a bench warrant can be issued for their arrest. Depending on the type of contempt, a bond amount may also be set. It is important to consult with an attorney for specific legal advice. To schedule a consultation with us, visit MakeLawEasy.com. Read more »What to Do When the Other Parent Takes Your Child Out of State without Permission?
In this blog excerpt, Tulsa Attorney James Wirth addresses the issue of a parent taking a child out of state without permission in a joint custody situation. He explains that joint custody typically requires both parents to agree on major decisions, and any violation of the custody plan is considered a breach. Wirth suggests considering if the parent's actions interfered with the custody schedule and if they returned the child on time. He advises against filing a contempt citation, as it may not be seen as a serious enough offense. Instead, he recommends seeking a parenting coordinator to resolve smaller issues efficiently and cost-effectively. However, he advises seeking specific legal advice from an attorney for individual circumstances. Read more »Where Do I Find Court Paperwork (Pleadings) in Oklahoma?
Are you struggling to find court paperwork in Oklahoma? Tulsa Attorney James Wirth understands your frustration. While some courts provide fill-in-the-blank forms for certain cases, finding the correct paperwork for more complex situations can be challenging. Hiring an attorney or a drafting service can be expensive, but representing yourself requires meeting the same standards as an attorney. However, Oklahoma offers an online court system where you can search for similar cases and download public records as templates. Although handling your case yourself can be difficult without legal knowledge and training, contacting James Wirth at MakeLawEasy.com can provide personalized assistance for your specific circumstances. Read more »Custodial Parent Gets a Child Endangerment DUI. What to Do?
In this blog post, Tulsa attorney James Wirth addresses a common concern: what should a custodial parent do when the other parent gets a DUI and endangers the child? Wirth advises against waiting until the criminal case is over before taking action. Instead, he suggests going to court quickly to update the existing custody order to reflect the situation accurately. He emphasizes the importance of utilizing an agreement to modify the order, as it is cheaper and faster than waiting for a dispute to arise. Wirth recommends filing a motion to modify, drafting an agreed order for sole custody, and determining appropriate visitation arrangements. For personalized advice, he encourages readers to schedule an appointment with his office through MakeLawEasy.com. Read more »How Long Before You Can File to Terminate the Rights of an Absent Parent under Oklahoma Law?
Are you wondering how long it takes to terminate the parental rights of a parent who has had no contact with their child? Tulsa attorney James Wirth is here to answer that question. Under Oklahoma law, terminating parental rights is a two-phase process that focuses on the best interest of the child. Unless someone else is stepping in as a parent or if the child is in a deprived child action seeking permanency, the court is unlikely to terminate a parent's rights. However, if a step-parent wants to adopt the child, there are certain criteria that need to be met, including 12 consecutive months of no contact or failure to pay child support. For personalized advice, contact James Wirth's office or visit makelaweasy.com. Read more »When You Remarry, Can Child Support Enforcement (DHS/CSE) Put a Lien on New Spouse's Property?
In today's blog post, Tulsa Attorney James Wirth addresses a common concern when it comes to child support enforcement: can they go after your new spouse's property? While the answer is generally no, there are certain circumstances where they may be able to. Wirth explains that the key is to keep your assets separate from your spouse's. If you have real property or a bank account that is solely in your spouse's name and has not been commingled, child support enforcement cannot place a lien or levy on it. However, if you have joint accounts or commingle assets, they may have access to those funds. It's important to handle your assets carefully and seek legal advice for your specific situation. Contact Wirth's office or visit MakeLawEasy.com for more information. Read more »Does Oklahoma's 6-Month Prohibition on Remarriage Begin When a Divorce Petition is Filed?
In Oklahoma, the six-month prohibition on remarriage after a divorce does not begin when the divorce petition is filed or when you separate from your spouse. It actually starts on the date when the court officially dissolves your marriage. During this period, it is illegal to remarry within the state of Oklahoma or even remarry out of state and reside together in Oklahoma. Although the offense of bigamy is rarely prosecuted, it is important to comply with the state's laws. If you have further questions about family law in Oklahoma, it is best to consult with an attorney privately and confidentially. To schedule a consultation with Tulsa Attorney James Wirth, visit MakeLawEasy.com. Read more »Can I Avoid Oklahoma's 6-Month Prohibition on Marriage if We Separated a Long Time Before Divorce?
Separation Doesn’t Matter Can I avoid Oklahoma’s six months prohibition on remarriage if my ex and I were separated a long time before divorce? I’m Tulsa Attorney James Wirth and that’s the question that we have. It is a statutory question. It is under Oklahoma Statutes Title 43, Section 123, and it provides that when […] Read more »What is APIP in Oklahoma?
APIP, or the Abusive Partners Intervention Program, is the new name for the Batterers Intervention Program (BIP) in Oklahoma. This program is often ordered as part of a sentence or probation for individuals charged with domestic violence. It is a 52-week program that requires weekly attendance at sessions. Failure to attend or missing a certain number of sessions can result in starting over or being kicked out. The program, provided by DVIS in Tulsa, covers 11 topics, including abuse and violence as a form of control, non-abusive communication techniques, and the effects of domestic violence on both the victim and the batterer. If you have further questions or need legal advice, contact Tulsa Attorney James Wirth at MakeLawEasy.com. Read more »
