Family Law
Grandparent Custody Options: Adoption vs. Guardianship Explained
Are you a grandparent seeking custody of your grandchild? I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, with years of experience in family law. Navigating custody can be complex, but I’m here to simplify it for you. In grandparental cases, you're typically looking at guardianship or adoption, depending on the circumstances. For immediate care needs, guardianship might be the first step, allowing you to act as the parent without terminating the biological parents’ rights. If the situation is prolonged and parents fail to maintain a relationship, adoption could be pursued, granting you full parental authority. Reach out to discuss your situation. Read more »Essential Guide to Parental Relocation: Legal Steps and Advice
Are you considering relocating with your child but unsure of the legal steps involved? My name is Carl Birkhead, and I'm an attorney specializing in family and criminal law at Wirth Law Office in Tulsa, Oklahoma. With seven years of experience, I aim to simplify the legal process for you. Parental relocation becomes a legal matter if you’re moving more than 75 miles away from your child’s current home. This situation can be particularly complex in joint custody arrangements. It’s crucial to provide written notice to the non-custodial parent as soon as possible, ideally with proof of delivery, to comply with legal requirements and respect the other parent’s rights. For guidance, feel free to contact me. Read more »Exploring Non-Parent Visitation Rights: Legal Insights & Tips
Navigating child visitation rights can be complex, especially if you're not the child's parent. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, with seven years of family and criminal law experience. While the law rarely grants visitation rights to non-parents, exceptions exist. Guardianship cases or DHS custody scenarios may allow non-parents time with a child, but these aren't typical visitation rights. Grandparents might gain visitation if they prove an established beneficial relationship with the child, overcoming the presumption that parents act in their child's best interests. If you face these challenges, contact us for guidance—legal hurdles don't have to be insurmountable. Read more »When Does a Child's Preference Matter in Custody Cases?
In a child custody case, understanding when a child's voice comes into play is crucial. At the age of 12, a rebuttable presumption exists that the child can make an intelligent preference regarding their custody. However, this is not the sole factor in a court's decision. The court examines whether the child's choice reflects genuine thought or simply influence from a parent. Real-life testimonies can be both compelling and decisive. For instance, one child expressed a clear, thoughtful preference to live with his mother, prioritizing his own well-being and safety, which significantly influenced the court's decision in his favor. Read more »Adult Guardianship Explained: Legal Steps and Considerations
Do you have an adult relative who may need guardianship? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, and I'm here to simplify the process of obtaining adult guardianships. When an adult can no longer care for themselves due to mental incapacity, it might be time to consider guardianship. This process starts with assessing the person's mental capacity and often involves medical evaluations and legal proceedings. While it can be challenging, planning ahead with an estate setup or power of attorney can ease the burden. Contact us at Wirth Law Office for guidance and support. Read more »Transforming Your Divorce: From Contested to Uncontested
Are you facing a contested divorce and wish to resolve it without going to trial? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma. With seven years of experience in family and criminal law, I aim to make law accessible by guiding you on transforming a contested divorce into an uncontested one. Courts prefer amicable resolutions, as parties tend to be more satisfied with agreements they reach themselves. Mediation often proves effective, fostering compromise through a neutral third party. My advice? Try to settle and negotiate a livable agreement. For more guidance, feel free to reach out. Read more »Parental Alienation: Impact on Custody Battles and Legal Advice
Parental alienation occurs when one parent attempts to sabotage a child's relationship with the other parent. This can involve refusing visitation, blocking communication, or speaking negatively about the other parent. Courts frown upon these behaviors and may even change custody arrangements if parental alienation is proven. As an attorney with Wirth Law Office in Tulsa, Oklahoma, I advise my clients to refrain from speaking ill of the other parent and to let the court address any legitimate concerns. Protecting the child's well-being is paramount. If you suspect you're a victim of parental alienation, our experienced family law team can offer guidance. Read more »Safeguard Your Custody Rights: Navigate Allegations Wisely
Are you involved in a custody case and worried about allegations of sexual impropriety? I'm Carl Birkhead, an attorney with Wirth Law Office, here to help you navigate these challenging situations. It's crucial to ensure your actions are beyond reproach, as any hint of inappropriate behavior can jeopardize visitation or custody rights. Even unproven allegations may derail a smooth resolution. These claims are highly volatile, often treated as guilty until proven innocent. If you're facing such concerns or know someone who is, contact us. At Wirth Law Office, we're committed to making law accessible and supporting you through this process. Read more »Private Child Adoption: Legal Process Explained by an Attorney
Considering adoption? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, here to guide you through the legal adoption process. Whether it's a stepparent, grandparent, or other guardian adoption, knowing the legal steps is crucial. If you're looking to terminate parental rights for a new adoption, the key factors include assessing the parent's relationship and support to the child over the past 14 months. The process involves filing a petition, serving the parents, and potentially going to trial if there's opposition. With thorough preparation, including home studies and background checks, a smooth adoption is possible. Contact me for more guidance. Read more »Non-Custodial Parent Rights: Navigating Custody and Decisions
Navigating a custody battle can be confusing, especially as a non-custodial parent. At Wirth Law Office in Tulsa, Oklahoma, attorney Carl Birkhead is here to clarify your rights. Understanding custody types is crucial—physical custody refers to who the child lives with, while legal custody involves decision-making authority. Even as a non-custodial parent, you may share legal custody, allowing you to partake in major decisions concerning your child's education, healthcare, and more. During visitation, you have the autonomy to make everyday parenting choices. If you need guidance or support throughout this process, Carl Birkhead is ready to assist you in making law easy. Read more »Why Contested Divorces Cost More: A Detailed Breakdown
Contested divorces are typically more costly due to the complexity and unpredictability involved. Unlike agreed divorces, where terms are settled amicably, contested cases require extensive legal work. Attorneys usually charge hourly, increasing costs as disputes over assets, child custody, and support prolong. Each party may engage in additional legal maneuvers, like discovery and depositions, further escalating expenses. The uncertainty of how much work a case will demand prevents upfront flat-fee arrangements. While most cases settle before trial, the potential for a drawn-out process with expert witnesses and investigations can significantly raise costs, making personalized legal consultation crucial. Read more »Expedite Stalled Visitation Cases: Effective Strategies & Tips
Navigating a family law case in Oklahoma can be frustrating, especially when visitation rights are delayed for years. The court system often requires active participation from the parties involved to push cases forward. If you're seeking visitation, it's crucial to file necessary pleadings and request a temporary order hearing to establish interim visitation rights. Setting a scheduling order can help avoid further delays by establishing clear deadlines for discovery, mediation, and pretrial activities. New laws effective November 1, 2024, aim to expedite temporary order hearings, offering hope for quicker resolutions. For personalized guidance, consider consulting with an attorney to develop a strategic approach. Read more »Can You Be Charged with Bigamy in Oklahoma? Legal Insights
A woman marrying a married man raises legal questions about bigamy in Oklahoma. Oklahoma statutes, specifically Title 21, Sections 881 to 884, address the crime of bigamy. Notably, both parties can be prosecuted if the woman knowingly marries someone already married, with potential penalties including imprisonment. Exceptions exist, such as if a spouse is absent for five years or if there's an annulment. Despite the clear laws, prosecutions are rare. For personalized legal advice, consulting an attorney is recommended. For a consultation with Tulsa attorney James Wirth, visit MakeLawEasy.com. Read more »Do I Need to Share Tax Returns in an Oklahoma Divorce Case?
In Oklahoma divorces, whether you need to provide your tax returns to your ex can depend on several factors. Discovery rules in civil litigation allow parties to request relevant documents, including tax returns, if issues like child or spousal support are involved. Local rules may also mandate sharing certain financial documents at the outset of a case. Furthermore, annually, parties can request tax information under Title 43, Section 118.3. If such requests are ignored, courts might impose penalties. To navigate these requirements and protect sensitive information, consulting with a knowledgeable attorney is advisable. For guidance, visit MakeLawEasy.com. Read more »Overcoming Joint Custody Challenges: Tulsa Attorney's Advice
Navigating joint custody can be challenging, especially when one parent uses it to control decisions related to the children. As a Tulsa attorney, I often encounter situations where joint custody isn't working because one parent refuses to approve important matters like mental health and dental care for the kids. If communication breaks down and compromises can't be reached, it may be time to consider terminating joint custody. This involves demonstrating a change in circumstances to the court. Alternatively, appointing a parenting coordinator might offer a faster, cost-effective solution. For personalized guidance, visit makelaweasy.com to consult with our legal team. Read more »Navigating Pre-Court Orders: Tips for Family Law Cases
If you find yourself in an Oklahoma family law case where a judge is issuing orders before your scheduled court date, it can be confusing and concerning. It’s crucial to understand that not all motions require a hearing to be decided. Oklahoma statutes allow some motions to be granted or denied without a hearing, especially in busy courts. Temporary orders, common in family law cases, often don’t require full hearings and aren’t easily appealed. If you're unsure of your next steps or feel your rights are compromised, consulting an experienced attorney can provide clarity and strategy for your specific situation. Read more »Exploring Costs: Default Divorce Process in Oklahoma Explained
If you're considering filing a default divorce in Oklahoma, understanding the costs involved is crucial. A default divorce occurs when one party doesn't respond to the divorce petition, allowing the court to grant the divorce based on the filing party's requests. Filing fees typically start at $270, but representation costs can vary. At Wirth Law Office, we use evergreen retainers, requiring an upfront payment, often between $3,500 and $5,000, billed hourly. If the divorce proceeds without complications, remaining funds are refunded. For personalized advice on your divorce case, visit MakeLawEasy.com to schedule a consultation. Read more »Navigating DHS Investigations: What You Need to Know
Are you being investigated by DHS and feeling anxious about what comes next? I'm Carl Birkhead, an attorney with Wirth Law Office, here to guide you through the process. When DHS investigates, it can be intimidating, but it's important to know they often try to work with families before resorting to removal. Depending on the situation, they offer home-based services and assistance to address concerns without taking children into state custody. Misunderstandings abound, but having an attorney early can help negotiate and alleviate issues. If you're facing a DHS investigation, reach out to us for support and legal guidance. Read more »Key Custody Considerations for Same-Sex Couples
Are you looking to terminate a same-sex marriage and you're wondering how that will impact child custody and visitation? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma is here to help make the law easy for you. In a recent blog post, Carl discusses how being in a same-sex relationship may not impact child custody and visitation as much as some may think. The most important factor in any custody case is always the best interest of the child, regardless of the parents' sexual orientation. If you're facing a custody battle and are concerned about how your sexual identity may play a role, don't hesitate to reach out to Carl for guidance. Making the law easy is his priority. Read more »Child Relocation Laws in Oklahoma: Legal Process Defined
Are you facing a situation where you need to relocate with your child? Carl Birkhead, a family attorney in Tulsa, Oklahoma, is here to help. Relocation with a child involves specific legal requirements and considerations, especially if the move is more than 75 miles away. The court will want to ensure the move is in good faith and in the child's best interests. Noncustodial parents have the opportunity to object to the relocation and present their case in court. If you're considering relocating with your child, contact Carl Birkhead at Wirth Law Office for guidance on navigating the legal process. Let us help you make law easy. Read more »Understanding Contested and Uncontested Divorce: A Comparison
Are you facing a divorce and unsure of the difference between a contested and uncontested divorce? As an attorney with Wirth Law Office, I can help clarify the pros and cons of each. In a contested divorce, you're fighting it out in court, which can lead to a lengthy and expensive process. On the other hand, an uncontested divorce means both parties agree on the terms, making it quicker and more cost-effective. As someone who has been through a divorce myself, I understand the importance of peace in such a difficult time. Let's work together to make your divorce as smooth as possible. Contact me today to discuss your options. Read more »Crucial Factors in Child Support Calculation Explained Simply
Do you have questions about child support calculation? My name is Carl Birkhead. I'm an attorney with Wirth Law Office in Tulsa, Oklahoma. I want to help you make law easy by taking a couple of minutes to just explain how child support is calculated and what factors go into it. Child support is a huge part of every custody case that I have, whether it's a divorce or a custody case where marriage wasn't involved. Eventually and inevitably, someone wants to see what the dollars and cents look like. There are a few factors that go into child support. The big one is what's your monthly income. The way the law is written is they want to see what your gross monthly income is, your income before taxes. If it's going to take your income, it's going to take your co-parent's income, your ex-partner, however, you want to describe it, or the other side's income information. There's just an Excel spreadsheet that we plug these numbers into. The most common things that affect a child support calculation are monthly income before tax. Do you have any other kids in the home that aren't covered by this? What that means is do you have any stepkids? Do you have any natural-born kids that aren't part of this situation? Hypothetically speaking, the dad has to pay child support for two kids that he has with Mom A, but he lives with Mom B, and they have three kids together, whether they had kids together or Mom B brought some stepkids into the situation. Those kids living in Dad's home, he's still supporting them, and so having that number in there will affect the child support amount because he gets a credit for it. Another big factor is how many nights the children stay in one home or the other. If you're a non-custodial parent but you have the children for more than 120 nights out of the year, you're entitled to credit for child support, so the amount will go down. The other things that come into it most often are health insurance premiums. Who's covering medical, vision, and dental for the kids? If the non-custodial parent is doing that, they will get a credit. If the custodial parent is carrying that, they will get a credit as well, and a portion of child support will be increased to cover what the non-custodial parent should be paying for that care. Same with daycare. If the non-custodial parent or the NCP is paying for daycare, they'll get a credit, or if the custodial parent is paying for it, then child support will be raised by a certain percentage so that it covers a percentage of that daycare cost. The last thing that I see is if the children are on state assistance, there might be an extra payment that gets calculated to go back to the state to pay the state back for those benefits. It sounds complicated. It's a lot more simple than it sounds because, like I said, it's an Excel spreadsheet. We plug in the numbers, and it just kind of gives us an amount. It's the most immutable part of custody cases because it's just math, and the math is what it is. If you have questions about your child support calculation or you're thinking that you might want to take out a child support case, please give us a call. My name is Carl Birkhead, and I want to help you to make law easy. Thank you. Read more »Maximizing Benefits of Custody Battle Mediation: Expert Advice
Are you in the middle of a custody battle and wondering if mediation can help? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, shares his thoughts on the benefits of mediation. With seven years of experience in family law, Carl believes in taking control of the situation and working towards a settlement rather than leaving it up to a judge. Not only is mediation a more cost-effective option, but it also allows for a more satisfying outcome as you have a say in the resolution. If you're considering mediation for your case, don't hesitate to reach out to Carl for guidance. Read more »Co-Parenting Success: Tips from a Legal Professional
Are you struggling to co-parent with your ex-partner? Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, has some valuable tips for navigating a custody dispute. As someone who practices co-parenting both professionally and personally, Carl emphasizes the importance of respect in all interactions with your co-parent. From maintaining open lines of communication to setting boundaries and prioritizing the well-being of your children, Carl's advice is practical and actionable. If you're facing challenges in your co-parenting relationship, seeking guidance from a legal professional like Carl can help you protect your rights and create a more harmonious co-parenting arrangement. Read more »Evaluating Child Custody: Impact of Criminal Record
Are you curious about whether or not having a criminal record will negatively affect your chances in a child custody situation? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, shares his expertise on how the criminal side intersects with family law. Having a past doesn't define you, and it doesn't automatically make you unfit for custody. Carl discusses the importance of the charges, how long ago they occurred, and how you've worked to better yourself since then. If you're concerned about your criminal record impacting your parental rights, don't hesitate to reach out for guidance. Let Carl and his team help you navigate the legal process with ease. Read more »
