Tulsa Attorney Blog
Is Spanking Child Abuse in Oklahoma?
An Oklahoma Statute preserves your right to appropriately discipline your children, either in the form of spanking, switching, or paddling. Read more »McGirt Now Officially Applies to All of the "Five Civilized Tribes."
McGirt attorney James Wirth talks about an expansion of the McGirt precedent from the United States Supreme Court on July 9th of 2020. Read more »Name Change in a Paternity Case in Oklahoma
After a determination of paternity, the mother, father, custodian, or guardian of the child may file a motion requesting the court to order that the surname of the child be changed to the surname of the father. Read more »Grayson: McGirt DOES Apply to the Seminole Nation
The court found that the Seminole Nation was established and pursuant to the McGirt precedent, the court has to find that there was clear, unambiguous congressional language passed into law that disestablished it in order for it to be disestablished. Read more »Sizemore: McGirt DOES Apply to Choctaw Nation Reservation
McGirt attorney talks about a new decision from the Oklahoma Court of Criminal Appeals that dropped today, April 1st, 2021. Read more »Does an Oklahoma Father Have the Right to His Children Having His Surname?
Does that father have the right to have that child have his surname? The answer is no, the father does not have that right, but the father does have the right to request that. Read more »Who Can File for a Name Change in Oklahoma?
The statute is clear on that, the statute we're dealing with here, it's actually Chapter 33 of Title 12, and it's section 1631 through 1637. Read more »The 7 Statutory Requirements for a Petition for Name Change in Oklahoma
Oklahoma law does have a specific act, chapter 33 of title 12, and that goes over the requirements to do a name change in Oklahoma, and there are certain requirements that have to be in your petition. And those are laid out, actually, in title 12, section 1632. And there are seven of them, and we'll go through them. The first one. Name and address of the petitioner. That's the person that's requesting the name change. Read more »What Is the Notice Requirement for a Name Change in Oklahoma?
So once a petition has been filed, you get the matter set for hearing, and then you have to give notice out. Read more »Major McGirt Decision Update!
Recently, the Oklahoma Court of Criminal Appeals handed down two important decisions regarding the status of the Cherokee tribe and the Chickasaw tribe. Read more »Can the Publication Requirement for a Petition for Name Change Be Waived in Oklahoma?
Can the publication requirement for a petition for name change in Oklahoma be waived? The answer is pretty straightforward. Read more »The 6 Reasons a Petition for Name Change Can Be Denied in Oklahoma
The first one is that it's filed for an illegal purpose, and the second one is that it's filed for a fraudulent purpose, but wait there's more. Read more »Is Being Transgender a Proper Reason for a Name Change in Oklahoma?
Is being transgender a proper reason for a name change? Absolutely in Oklahoma. It's clear-cut in Oklahoma. Read more »It's a Crime to Use a Name Change for a Fraudulent Purpose in Oklahoma
In any case, if you're petitioning for a name change, you want to make sure that you have a good-faith reason for that. Read more »Who Can Object to a Petition for Name Change in Oklahoma?
The court is required to grant the name change unless there's some information in the petition that is untrue. Read more »Does It Matter Why I Was at a Location When I Was Injured?
Depending on your reasoning for being at a location changes the duty owed to you by the owner of the property and keeping you safe. Read more »McGirt Officially Applied to Non-Indian with Indian Victims
The Chickasaw Nation was never disestablished just like McGirt decided that the Muscogee Creek Nation was never disestablished. Read more »Does Oklahoma Have Concurrent Jurisdiction Over Indian Victim Cases Under McGirt?
State argues the clear language of both statute and case law, federal and state courts have concurrent jurisdiction over non-Indians. Read more »Oklahoma Court of Criminal Appeals Shoots Down Prosecutors' Blood Quantum Argument in McGirt Case
The Muskogee Creek Nation was never disestablished and a good portion of Northeast Oklahoma is still reservation territory. Read more »Procedural Bars to McGirt Relief Fail at Oklahoma Court of Criminal Appeals
McGirt case dealt with the boundaries of the Muskogee Creek nation and how it was never disestablished, therefore it's still tribal land. Read more »How to Legally Change Your Name in Oklahoma
So first off, there are multiple ways to do a name change in Oklahoma but most of them are very specific to your circumstances. Read more »Can You Trust the Other Person’s Insurance Adjuster?
At the end of the day, their duty is to their insured as well as their insurance company is limiting their exposure. Read more »Bosse: McGirt DOES Apply to Chickasaw Nation
So for anybody who is Native American, Indian, who has been charged or convicted, or has a pending case in any of those territories of historic boundaries of the Chickasaw Nation, they may be subject to dismissal. Read more »Hogner: McGirt DOES Apply to the Cherokee Nation Reservation!
The United States Supreme Court decision from July 9th of 2020 ruled that Muskogee Creek Tribal Reservation was never disestablished. Read more »Can a Mother File to Change Her Child's Surname to Step-Father's Surname in Oklahoma?
Can a mother file to change her child's name to the name of stepfather in Oklahoma? Tulsa attorney James Wirth has that answer. Read more »
