Tulsa Attorney Blog
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 »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 »
