Tulsa Attorney Blog
Handling Child Custody Jurisdiction: A Legal Guide
Are you in the middle of a child custody case and you want to change jurisdiction? My name is Carl Birkhead. I'm an attorney with Wirth Law Office. I want to help you make law easy by explaining a little bit about jurisdictional laws and how they relate to child custody. The Uniform Child Custody Jurisdiction and Enforcement Act states that the only state that can enter orders regarding child custody is the home state of the child, where they have lived for six months. If you have questions or need help navigating child custody jurisdiction, please reach out to us. Let us help make the legal process easier for you. Read more »Protecting Your Family: Prevent Parental Kidnapping
Parental kidnapping is a serious issue that can have devastating consequences for both parents and children involved. As an attorney with years of experience in family and criminal law, I have seen firsthand the complexities of these cases. It is crucial to remember that both parents have rights when it comes to their children, and running off with them can result in serious legal consequences. If you are facing a situation where your children have been taken out of state by the other parent, it is important to seek legal help immediately. We can assist you in navigating the legal process and working towards a resolution that is in the best interest of you and your children. Don't hesitate to reach out for help – we are here to make law easy for you. Read more »Navigating a Heavily Contested Divorce With Ease
Are you facing a heavily contested divorce? Attorney Carl Birkhead from Wirth Law Office in Tulsa is here to help guide you through the process. From temporary orders to discovery and trial, he explains what to expect in a contested divorce and why it may take longer than expected. With years of experience in family and criminal law, Carl understands the complexities of divorce cases and strives to help his clients find peace amidst the turmoil. If you're in a situation where resolution seems impossible, don't hesitate to reach out for assistance. Let Carl Birkhead and Wirth Law Office make law easy for you. Read more »Be Ready for Your Child Custody Case: Expert Preparation Tips
Are you facing a child custody case and feeling overwhelmed? Attorney Carl Birkhead from Wirth Law Office is here to help make the process easier for you. In a child custody case, the standard is what's in the best interest of the child. You'll want to show that you can provide for your child financially, emotionally, and physically. It's also important to highlight why it may not be in the child's best interest to be with the other parent. Carl can provide you with valuable tips and guidance to help you navigate your child custody case. Visit MakeLawEasy.com to learn more. Read more »Guardianship vs Power of Attorney: Which One Do You Need?
Are you unsure whether you need to get guardianship of an adult or just get a power of attorney from them? My name is Carl Birkhead, an attorney in Tulsa, Oklahoma, and I've been helping clients navigate the complexities of estate planning for over seven years. I want to make law easy for you by explaining the differences between guardianship and power of attorney, and why it's important to have a power of attorney in place to avoid the lengthy and expensive process of obtaining guardianship. If you have any questions or need assistance with setting up a power of attorney, don't hesitate to reach out to me at MakeLawEasy.com. Read more »Why Fathers Need a Copy of the Acknowledgment of Paternity in Oklahoma
Fathers in Oklahoma need to ensure they have a copy of the Acknowledgement of Paternity if they are not married to the mother of their child. This document is crucial for establishing equal rights and obligations to the child, as stated in a recent statute. Without this document, fathers may face challenges in emergency custody situations or proving their parental rights. By having a copy of the Acknowledgement of Paternity on hand, fathers can protect themselves and their children in legal matters. It is important to consult with an attorney for personalized legal advice and guidance in these situations. Visit MakeLawEasy.com to schedule a consultation. Read more »Understanding Oklahoma's Stricter Strangulation Penalties: HB 1211
Tulsa attorney James Wirth discusses the implications of Senate Bill 1211, which significantly alters the penalties for domestic assault and battery by strangulation in Oklahoma. Effective November 1, 2024, the law amends Title 21, Section 644, increasing the maximum sentence from three to ten years and imposing fines up to $20,000. This change underscores the seriousness of domestic violence cases involving strangulation, broadening its definition to include asphyxiation through pressure on the neck, nostrils, or mouth. For those facing charges or seeking protection, seeking legal counsel is crucial. Visit makelaweasy.com to schedule a consultation with a Tulsa defense attorney. Read more »How To Get a Completed Acknowledgment of Paternity in Oklahoma
Are you a father in Oklahoma looking to obtain an acknowledgment of paternity? Attorney James Wirth breaks down the process in this informative video. Having an acknowledgment of paternity is crucial for fathers who are not married to the mother, as it grants them equal rights and responsibilities to the child. The Oklahoma State Department of Health's division of vital records handles these requests, making it relatively simple to obtain. Whether you call, email, mail, or fax your request, be sure to include all necessary information to receive a certified copy. Don't wait until it's too late – secure your acknowledgment of paternity today. Visit MakeLawEasy.com to schedule a consultation with Attorney James Wirth. Read more »Oklahoma Bans Unregulated Child Custody Transfers: What SB 1601 Means
New law makes unregulated child custody transfers illegal in Oklahoma. Attorney James Wirth breaks down the details of Senate Bill 1601, which aims to prevent parents or guardians from transferring custody of a child with the intent of abandoning their responsibilities. While there are exceptions for certain relationships and approved adoption processes, this new law introduces a misdemeanor offense for those who violate it. Wirth questions the necessity of this legislation, suggesting that existing laws may already cover the same issues as felonies. If you find yourself in a situation where you need to transfer custody of a child, it's important to seek legal advice to ensure you're following the law. Visit MakeLawEasy.com to speak with an attorney about your specific circumstances. Read more »How Does an Evergreen Retainer Work?
In this excerpt, Tulsa attorney James Wirth explains the concept of an evergreen retainer and how it works. He breaks down the different types of retainer agreements, such as contingency, flat fee, and hourly billing, before delving into the details of an evergreen retainer. Using analogies like renting an apartment and keeping a gas tank full, Wirth helps readers understand the purpose and benefits of an evergreen retainer. By maintaining a set amount of money in trust, clients ensure that their attorney will be paid for the work done on their case, allowing for focused attention and a smoother legal process. To learn more about evergreen retainers or other legal matters in Oklahoma, readers are encouraged to schedule a consultation with Wirth's office through MakeLawEasy.com. Read more »Oklahoma Divorce: The Initial Steps After Filing
If you've filed a petition for divorce, the initial steps are crucial in moving your case forward. Serving the other party with notice is essential, as failure to respond within 20 days could result in a default judgment. Gathering all necessary paperwork and information for your attorney is also important, as well as sending out discovery requests to the other party. If children or property are involved, filing for temporary orders and scheduling a parenting plan conference may be necessary. Mediation before trial is also recommended, along with setting deadlines for certain tasks through a scheduling conference. For expert legal advice, contact an attorney at makelaweasy.com. Read more »Unable to Locate Your Spouse for Divorce? Here’s What To Do
Are you struggling to locate your spouse for service of process in a divorce case? Tulsa attorney James Wirth discusses the importance of proper service and the steps to take if you can't find them. From personal service to service by publication, there are options available to ensure due process is followed and the case can move forward. Don't let roadblocks prevent you from seeking justice. Consult with an attorney to navigate the legal process and get the assistance you need. Contact James Wirth's office at makelaweasy.com to schedule a consultation and get the guidance you need. Read more »Courtroom Best Practices: Respecting Rules and Procedures
Are you heading to court and you're not sure what the rules are for how to behave or what the procedures are for your particular case? My name is Carl Birkhead. I'm an attorney with Wirth Law Office. I've been doing family and criminal law for about seven years and I want to help you to make law easy by giving you some advice about the do's and don'ts of courtroom practice. The rules and procedures of the courtroom are pretty straightforward regardless of where you are. You stand up when the judge enters the room. Oftentimes, you'll hear the sheriff's deputy or the bailiff or some attorney yell, All rise. Everyone stands up. Judge takes the stand, and says, Take your seats. Everybody gets to sit back down. Don't wear any ball caps in the courtroom. That's a rule in any courthouse I've ever been to. Don't wear your ball caps in the courtroom. It's just a matter of respect. Same thing with no flashing gang signs or rude or derogatory gestures. I had one docket where I saw someone just flipping the bird to everyone they saw and he was already in an orange jumpsuit. The judge just, instead of letting him have his hearing that day, had the bailiff escort him back to the jail because if he was going to be disrespectful, he got to go sit in jail. He didn't get to have his day in court that day. Every courthouse is going to have its little quirks. Some are going to say, no cell phones in the courtroom. Some are going to say, just keep your cell phones on vibrate in the courtroom. Some are going to say, no talking in the courtroom. Some are going to say, no loud talking in the courtroom. You really shouldn't be talking at all, but at the very least, be respectful of the fact that this is serious business going on in court. If you need to have a chat with your buddy, go outside in the hall and have that chat. One of the big rules I see a lot of people get in trouble for is if, let's say your brother Joe is there for a criminal case and he's being held in custody, you can't talk to Joe whenever they bring him in. You can be there for moral support just like, I'm here for you, but you can't say, I'm here for you. You can't say, hey Joe, and you absolutely can't be giving advice. I saw somebody get escorted out of court once because they kept yelling to their friend or their family member who was being held in custody what to do, what to say. They kept trying to interrupt and talk to the judge. Do not interrupt and talk to the judge in any situation. That's something for lawyers to do. That's something for unrepresented pro se parties to do. That's not something for you to do on behalf of your best buddy. It all comes down to respect. It all comes down to just basic common sense and respect that you have to be able to show the court at all times. If you're not sure what to do, or if you think you might need some help guiding you through this process, give us a call. My name is Carl Birkhead. I'm with Wirth Law Office, and I'm here to help you to make law easy. Read more »Courtroom Best Practices: Managing Evidence and Documents Effectively
Do you have court coming up and you're not sure how to handle the documents and evidence? Attorney Carl Birkhead from Wirth Law Firm has some advice for you. It's crucial to make sure your attorney has all the evidence ahead of time, so you can go through it, make copies, and ensure everything is ready for court. Clean, unaltered copies are key, and originals are always preferred, especially for notarized documents. Avoid marking up or altering evidence, as it could be deemed tainted and not admissible. Trust the experts at Wirth Law Firm to guide you through your legal proceedings. Contact us for assistance today. Read more »Courtroom Best Practices: Stay Alert During Court Proceedings
In the courtroom, paying attention is crucial. As an attorney with seven years of experience, I've seen clients miss important details or even implicate themselves by not listening closely. Whether you're there for a trial or a procedural matter, stay focused. Take notes, ask questions, and communicate with your attorney. Your life is at stake, so make sure the facts add up. If something doesn't seem right, speak up. We're here to help you navigate the legal process, but we need you to be an active participant. Don't let distractions like phones or daydreaming derail your case. Stay present, stay engaged, and stay informed. Read more »Courtroom Best Practices: Navigating Confusion in Court
In the midst of a legal battle, it can be overwhelming to try to understand all the complexities of the courtroom. Attorney Carl Birkhead of Wirth Law Office shares some tips on how to navigate through a confusing situation. Whether it's bringing a notepad to jot down questions or simply talking to your lawyer, communication is key. Carl recounts a case where a client misunderstood the terms of his plea, resulting in unforeseen consequences years later. Don't hesitate to ask questions and seek clarification - it could make all the difference in your case. Let Carl and his team help make law easy for you. Read more »Courtroom Best Practices: Stay Calm and Collected
Are you in the middle of a very emotional and intense case and you're not sure how to handle yourself in court? My name is Carl Birkhead, an attorney with Wirth Law Office, specializing in family and criminal law. Today, I want to talk about keeping your cool in court, especially in emotionally charged situations. It's crucial to remain calm, rational, and articulate during testimony. I recently had a client freeze on the stand due to the gravity of losing parental rights. While it's normal to be emotional, it's essential to prepare with your attorney and seek support to ensure you can present yourself effectively in court. Remember, it's okay to feel, but it's crucial to stay composed during proceedings. If you need help preparing for court, don't hesitate to reach out. I'm here to help you navigate the legal process with ease. Read more »Courtroom Best Practices: Speaking To The Judge
Navigating the courtroom can be intimidating, especially when addressing a judge directly. In my years of practicing law, I've seen clients struggle with knowing when and how to speak to the judge. Remember to always address the judge as your honor and answer questions directly, without providing unnecessary information. Consulting with your attorney before speaking to the judge is crucial to avoid any missteps that could harm your case. If you find yourself in need of guidance before heading to court, don't hesitate to reach out for a free initial strategy session. Let's work together to make the legal process as easy as possible. Read more »Courtroom Best Practices: Testimony Tips
Are you feeling nervous about taking the stand in court? Don't worry, I'm here to help. I'm Carl Birkhead, a criminal and family attorney at Wirth Law Office in Oklahoma. When testifying, it's important to speak clearly and make sure your testimony is accurately recorded by the court reporter. I learned the hard way about the importance of speaking slowly and waiting for questions to be fully asked before responding. If you're ever unsure, your attorney can guide you through the process and ensure your story is heard. Remember, we're here to make the legal process easier for you. Don't hesitate to reach out if you have any questions. Read more »Courtroom Best Practices: Courtroom Behavior
Are you going to court and unsure how to behave? Attorney Carl Birkhead shares some do's and don'ts for courtroom behavior. Your non-verbal cues are just as important as what you say. Maintaining respect and composure is crucial, even in emotional situations. Carl recommends using a notepad to jot down frustrations instead of making faces at the other side. This simple tip can help you earn the court's respect and improve your chances of winning your case. Remember, proper behavior in court can make a big difference. Contact Carl at Wirth Law Office for more helpful advice on navigating the legal system. Read more »Courtroom Best Practices: What To Bring To Court
Are you heading to court and you're not sure what you should or shouldn't bring? My name is Carl Birkhead. I'm with Wirth Law Office and I want to try to help make law easy by helping you figure out how to navigate the court system and your role in it. Today I want to talk about what should you or should not bring to court. A lot of these videos in this series are going to be something that might seem like common sense, but honestly, it's a little bit more complicated than that. The obvious ones, don't bring guns, don't bring knives, don't bring incendiary devices or drugs or anything like that into the courthouse. That's not going to get you very far. You can bring your phone, and keep it silenced. You can bring your purse, your wallet, things like that. Just make sure that there's nothing dangerous in any purse or handbag that you're bringing. What you really need to be focused on bringing is whatever your attorney has told you will be helpful in court. I've had a lot of cases where I've told my clients, I need you to bring printouts of screenshots of text messages. I had a case a couple of years ago where I really needed a client to bring proof that certain deeds for land that he had purchased had been recorded with the county clerk. Didn't bring it, couldn't get it to me ahead of time, and didn't bring it with me to court. It made my job a lot more difficult trying to get through that particular hearing. Just check in with your attorney. If you've got court coming up, let's say you've got court coming up next Monday, by the Wednesday before that, touch base. Hey, I have court coming up. Do I need to bring anything? Is there anything that I need to be aware of? Is there anything that I need to say? That will really guide you better than anything else. But if you're unsure and you haven't gotten real clear advice or let's say you've got court tomorrow morning and it's 9.45 the night before court, obviously you can't call your lawyer and ask. If something comes to you where you're thinking, maybe I should have brought that up, just think to yourself, is it relevant to the case? If it is relevant to the case, how is it relevant to the case? And if it's relevant and you think that it's going to be beneficial, go ahead and bring it. I tell my clients all the time, that it's better to have it and not need it than it is to need it and not have it. We want to make sure that you are as equipped as possible to get the result that you're going for. Your attorney is going to do everything that they can to make sure that they're prepared on their end, but make sure that you are checking in and following their advice on what you need to bring on your end to make sure that you are absolutely prepared. If you have any questions about what to do to get ready for court or what to bring to court, please feel free to give us a call. My name is Carl Birkhead with Wirth Law Office and I'm here to make law easy. Thank you. Read more »Courtroom Best Practices: How To Address Court Staff
Are you heading to court and not sure how to act? As an attorney with Wirth Law Office in Oklahoma, I've got some tips to share. When addressing court staff, it's important to know your audience. Use Yes, your honor when speaking to the judge and be formal and polite with others using Mr. or Mrs. Last Name. If you're unsure, ask your attorney for guidance. It's easy to get caught up in the formalities, but being respectful and professional will go a long way in court. Remember, we're here to help you navigate the legal system and make law easy. Give us a call if you have any questions. Read more »Courtroom Best Practices: Don't Be Late!
Are you unsure of what to do or how to act in court? As an attorney with Wirth Law Office, I want to make law easy for you by providing some simple tips for navigating the legal system. One important tip is to always be on time for your court appearances. Showing up late can have serious consequences and may even result in a warrant for your arrest. It is crucial to be present and ready to participate in your case so that your attorney can effectively assist you. Remember, being punctual can make a huge difference in the outcome of your case. For more helpful tips, visit makelaweasy.com. Read more »Uncontested Divorce and Custody Cases: Simplifying the Process
Are you in a case where you think that you might have an uncontested divorce or custody case? My name is Carl Birkhead. I'm an attorney with Wirth Law Office. I've been doing this family law for about seven years, and I want to help you make law easy by describing to you kind of what it looks like to do an uncontested divorce or custody case. I just had this come up this week. My client came to the office and got all of his information. We're ready to file the paperwork and get the case going. And two days later, he calls and says that he's reached an agreement with the other side, which is fantastic. He says that they sat down, they hashed it all out, they wrote it all out. He wants to bring her with him to the office next week so that way we can go over the paperwork. Everything was great up until that point. I love it when my clients reach an agreement. I tell every one of my clients, that you should enter an order that you've negotiated and agreed to yourself where you had one hand on the steering wheel instead of having to be stuck with an order that a judge just shoved down their throat regardless of what your preference was. I'm all for negotiating an agreed settlement. That's beautiful. But I'm also for protecting my clients, and so I had to tell my client, listen, you can't bring the other side with you. Why? Here's why. Because this thing is called attorney-client confidentiality, it only works if it's just the attorney and the client. Sometimes in my meeting, I'll have my paralegal or someone in staffing with me taking notes. But confidentiality covers me and everyone in the office. It doesn't cover anyone that you bring in. It doesn't cover if you bring in the other party. It doesn't cover if you bring in your mama, your best friend, or your preacher. That kills confidentiality. More importantly, though, in this particular instance, if you're going to bring the other party in here, let's say the three of us sit down. It's me, you, the opposing party. We start going over the terms of the agreement. I start answering questions. The other side starts having questions. I answer them. Inadvertently, I'm going to end up giving legal advice to the other side. It's a huge risk. Even if I don't actually overtly give legal advice, even if I'm giving something that I'm just telling my client, but the other party hears it and relies upon that advice that they've heard from me, that creates an attorney-client relationship between me and someone that I never should have or wanted to have an attorney-client relationship with. Now, what's the problem with that? The problem is that as much as I love an agreed resolution, I love it when parties are getting along, I cannot just assume that you're always going to be getting along forever. If I've created an attorney-client relationship with the other side, then when you guys don't get along anymore, I cannot help you with your case. I'm conflicted about it because there's now a relationship with you and a relationship with them. I can't be that lawyer anymore. I love it when clients agree on their own. It makes me so happy, but my job is always going to be to protect you first and foremost, even sometimes if that means that I can't meet with everyone that you want me to meet with. In this particular situation, if you've got an agreement with your significant other or soon-to-be ex-significant other to try to resolve these issues, that's great. Just keep the communication between yourself and your attorney. If you have any other questions or you think that you might have an uncontested divorce or custody case that you want to chat about, please feel free to give us a call. My name is Carl Birkhead. I'm with the Wirth Law Office. Thank you. Read more »Understanding Guardianships: Exploring the Different Types
Are you considering taking guardianship of a child? Carl Birkhead, a family lawyer in Tulsa, Oklahoma, can help you understand the process. A guardianship allows you to assume custody of a child to ensure their well-being without gaining custodial rights. Guardianships can be voluntary, where a parent consents to temporary care, or necessary, when a court determines a child is in danger. In both cases, the goal is always to reunite the child with their parent once conditions improve. If you are in need of guidance on guardianship, reach out to Carl Birkhead at Wirth Law Office for assistance. Read more »
