Family Law
Empowering Dads: Understanding Your Rights in Paternity and Custody
Are you a father facing a child custody situation? Attorney Carl Birkhead from Wirth Law Office is here to help explain your rights, especially in cases where the child is born out of wedlock. While married fathers have automatic rights, unmarried fathers must take steps to establish paternity and assert their rights. From signing the birth certificate to filing a petition to establish paternity, there are ways to protect your relationship with your child. Don't wait until it's too late to fight for your rights as a father. Contact Carl Birkhead at Wirth Law Office for guidance on navigating the legal process. Read more »Unlocking Joint Parenting: How to Create a Winning Custody Plan
Are you in a child custody case and wondering about the importance of a parenting plan? Attorney Carl Birkhead from Wirth Law Office explains how a parenting plan plays into a joint custody agreement. Contrary to popular belief, joint custody doesn't always mean equal time with the children. A parenting plan covers important decisions like education, medical care, and extracurricular activities. While you don't have to consult your co-parent on everyday matters, big decisions must be made together. It's crucial to understand the terms of a joint parenting plan to avoid legal consequences. If you have questions or need guidance, don't hesitate to reach out to Carl Birkhead for help. Read more »Dollars and Dilemmas: Financial Insights for Child Custody Cases
Finances can have a significant impact on child custody cases, but it's not always about who has the most money. As attorney Carl Birkhead explains, what's most important is the best interest of the child. Factors such as work schedules and availability can play a crucial role in determining custody, regardless of income levels. It's essential to consider all aspects of each parent's situation and how it will affect the child's well-being. If you're facing a custody battle where finances are a concern, seeking legal advice can help you navigate the process and ensure the best outcome for your children. Contact Wirth Law Firm for assistance in making law easy. Read more »The Ripple Effect: How Domestic Violence Affects Visitation Arrangements
Are you facing a child custody case involving domestic violence and unsure of how it may impact visitation rights? Attorney Carl Birkhead from Tulsa, Oklahoma, is here to help. In a heartfelt message, Carl explains the complexities of such cases and offers valuable insights on how to navigate the legal system to ensure the safety and well-being of all parties involved. Whether you are a victim seeking protection for your children or an accused parent fighting for visitation rights, Carl emphasizes the importance of seeking professional guidance and exploring options such as supervised visitation to facilitate healthy relationships. Trust Carl to make law easy for you. Read more »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 »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 »Understanding Your Rights: How To Secure Grandparent Visitation
Are you a grandparent who wants to try to get some time to have visitation with your grandchildren? My name is Carl Birkhead. I'm an attorney with Wirth Law Office in Tulsa, Oklahoma. I want to talk with you a little bit about what is required to be able to establish grandparental visitation rights. We've been getting a lot of these calls lately, and it's something where, unfortunately, grandparents, parents, and grandchildren, there's not always harmony in that circle. Sometimes there's some bad blood between the parents and the grandparents. Sometimes there's just a little bit of confusion, and hurt feelings, whatever the case may be. But what it ultimately boils down to is grandparents are not being allowed to visit with their grandchildren the way that they feel that they should or the way that is best for their grandchildren. So what do you need to establish a grandparental visitation case? You need to show that, one, there's an ongoing and positive relationship between you and the grandchildren. It needs to be consistent, and systemic over a long period. You guys had a positive and loving relationship between grandparents and grandchildren. The second is you have to show that the parents are acting against the kid's best interest by denying that contact, that visitation between grandparent and grandchild. You have to show there's a presumption that the parents are acting in the kid's best interest, but it's a rebuttable presumption. You have to show by a preponderance of the evidence that the parents are not actually acting in the kid's best interest. The last thing you have to show is that the intact nuclear family is no longer a thing. Mom and Dad were never married. Mom and Dad were married but are now divorced. Mom and Dad were dating but split. Mom and Dad are, one of them is deceased or one of them is incarcerated. Or, in certain instances, it could be showing that there was an ongoing custodial relationship between the children and the grandparents, even if there was no order in place to that effect. Off the top of my head, if the grandparents lived with the kid for a little bit or something like that. It's not an easy process to establish grandparental visitation rights, but it is absolutely worth it. And it's absolutely the kids who benefit from these types of situations when we can reestablish that relationship between grandparent and grandchild. If you have any questions about this or you or someone you know think that you might need to speak with an attorney about these issues, please give me a call. My name is Carl Birkhead. I'm at Wirth Law Office. You can find me at MakeLawEasy.com. Thank you. Read more »Dos and Don'ts for Handling Protective Order Cases
Are you or someone you know the defendant in a protective order and wondering what to do in this situation? Carl Birkhead, an attorney in Tulsa, Oklahoma, shares his expert advice on navigating protective order cases. It's crucial to understand the do's and don'ts, especially when it comes to violating the protective order. Even seemingly innocent actions can have serious consequences. Carl emphasizes the importance of seeking legal guidance to protect yourself and avoid potential criminal liability. Don't risk making a costly mistake – reach out to a knowledgeable attorney like Carl Birkhead for help. Visit MakeLawEasy.com to learn more. Read more »What Is Discovery in Divorce and Custody Cases?
Discovery is a crucial part of the legal process, especially in family law cases like divorce and custody battles. As an attorney in Tulsa, Oklahoma, I understand the importance of gathering evidence to build a strong case. There are three main types of discovery: interrogatories, request for production, and request for admission. Interrogatories are open-ended questions that require thoughtful responses. Request for production demands the turning over of documents. Request for admission requires admitting or denying specific statements. These tools help attorneys gather information and strengthen their clients' cases. Understanding the discovery process can make navigating the legal system easier. If you have questions, don't hesitate to reach out. Read more »Steps to Take If Your Child Is Taken Out of State
When the co-parent of your child has fled the state with them, it can be a terrifying and helpless situation. Carl Birkhead, from Wirth Law Firm, recently dealt with a case where a parent absconded with a child who was primarily placed with the other parent. With DHS involvement and erratic behavior from the parent, an emergency situation arose. Through legal legwork, including obtaining a writ of assistance and working with local law enforcement, the child was safely returned to the client's care within three days. If you find yourself in a similar situation, don't hesitate to reach out for help. Carl Birkhead is here to make law easy for you. Read more »Deprivation Case: DHS or Child Welfare Child Removal
Navigating a juvenile deprived case can be incredibly overwhelming, especially when your children have been removed by Child Welfare Services. As an attorney at Wirth Law Firm, I understand the complexities of the legal process and am here to guide you through every step. From the initial show cause hearing to the possibility of a petition to terminate your parental rights, I can help you understand your rights and options. It's crucial to have a knowledgeable advocate on your side during this challenging time. Don't face this alone - reach out to me, Carl Birkhead, for support and legal guidance. Your children's future is worth fighting for. Read more »NEW LAW Creates Rebuttable Presumption for Child Abusers Not to Get Custody (SB 901).
New law creates a rebuttable presumption for child abusers not to get custody. Attorney James Wirth breaks down Senate Bill 901, set to take effect in November 2024, which adds child abuse to the list of triggers for custody denial. While the court already had discretion to rule in the best interest of the child, the new law widens the definition of child abuse to include emotional harm and neglect. Wirth cautions that these broader definitions could impact more cases than expected and urges those facing custody battles to seek legal advice to ensure a fair outcome. For confidential legal assistance, schedule an appointment at MakeLawEasy.com. Read more »Everything is Child Abuse under Oklahoma Law (10A O.S. 1-1-105).
Child abuse is a serious issue that is defined in a wide-ranging manner under Oklahoma law. As Tulsa attorney James Wirth explains, the definition of abuse includes not only harm but also threatened harm to a child's health, safety, or welfare. This definition encompasses non-accidental physical or mental injuries, neglect, abandonment, and exposure to illegal activities. The statute is broad and leaves room for interpretation, making it important for parents involved in custody battles to understand how it could be used against them. To navigate the complexities of child abuse laws in Oklahoma, it's crucial to seek the guidance of an experienced attorney like James Wirth. Read more »Confidentiality in Adoptions and Guardianships
Are you in the middle of a guardianship or adoption case and are not sure about what, if anything, you should say about the case while it's ongoing? My name is Karl Burkhead. I'm a family attorney in Tulsa and I'd like to give you some information on that. This advice is actually really good and helpful for any type of case, but I'm focusing specifically on guardianships and adoptions because those are what we call closed proceedings. What that means is that there's no record available to the public. If you're in the middle of a guardianship case and Bob from down the street wanted to go take a look at what had been filed, he couldn't go to the courthouse and get access to those records, even if he had the case number. That information is only made available to the court, to the attorneys, and to the parties. What should you do in this situation? The best thing for you to do is stay off social media and limit who you discuss the case with. I had a case a while back where my client's, I think it was his mother-in-law, was trying to get guardianship over the kids and had gone on Facebook and made a bunch of posts about a couple conversations she had with her lawyer about their case strategy and about how he was going to do this, that, and the other and how she was going to try to pull this trick or that trick or whatever. My client found them because she put them on her public profile, brought them to me, absolutely tanked the other side's case. As a flip, I had a case years and years ago where I was trying to get guardianship from my clients and only to find out on the day of trial that they had been posting on a GoFundMe page about the case. Not just a, hey, we're trying to get a guardianship, we'd really like some help. No, they posted details, photographs, specific allegations, everything that is not supposed to be made public record was put on display on the internet. The best advice that I can give is the simplest advice that anyone can give. If you're unsure, just go ahead and stay silent, stay off social media, only discuss the case with your attorney. If you have any questions about this or if you'd like to discuss an ongoing matter with us, my name's Karl Burkett, I'm with Worth Law Office, and you can find us at MakeLawEasy.com. Thanks. Read more »Domestic Violence in Child Custody Cases
Are you in a child custody case where you believe that domestic violence might be a factor? My name is Carl Birkhead, a family attorney in Tulsa, Oklahoma, and I'd like to discuss how domestic violence impacts child custody cases. While physical abuse is more easily proven, mental, emotional, and financial abuse are equally harmful and important to address. It all comes down to what's in the best interest of the child. If you suspect abuse, seek help from professionals and gather evidence to support your case. Contact us at MakeLawEasy.com for assistance. Let's work together to protect your children and ensure their safety. Read more »Elements of Common Law Marriage
Are you unsure whether you are common-law married? My name is Carl Burkett, an attorney in Tulsa, Oklahoma. Let's go over the elements of common-law marriage and how to prove or disprove one. The big test is whether there was a meeting of the minds, where both sides held themselves out as married. If friends, family, or co-workers can attest to this, it strengthens your case. However, if infidelity or a lack of recognition as a married couple is present, it may disprove a common-law marriage. It can be a complex situation, but worth investigating. If you have questions, reach out to us at makelaweasycalm. Read more »How Does a Divorce Affect Estate Planning in Oklahoma?
Estate planning is often overlooked in the midst of a divorce, but it is crucial to revisit and update your will, advanced medical directive, power of attorney, and trust during this time. Your ex-spouse should not be making life-altering decisions for you if you become incapacitated. It's important to review and refresh these documents annually to ensure they are up to date. Don't wait until it's too late to make these necessary changes. Take the time to protect yourself and your assets during this difficult time. Your future self will thank you for being proactive in your estate planning. Read more »Tulsa Lawyer for Prenuptial Agreements
Are Prenuptial Agreements Valid in Oklahoma? Though Oklahoma has not adopted the Uniform Prenuptial Agreements Act, which seeks to provide a common interstate framework for the agreements, prenups, are generally considered valid and enforceable in Oklahoma. Not only that, they can provide needed clarity for a variety of questions regarding finances, such as the division […] Read more »What Qualifies as Health Care Coverage / Insurance for Child Support Purposes in Oklahoma?
Healthcare coverage," health insurance in this case, "Healthcare coverage includes a fee for service, health maintenance organization." Read more »OK Child Support: You Submitted a Medical Bill to the Other Parent; How Long Do They Have to Pay?
The parent has 45 days to provide reimbursement or to pay the pro-rata share of that expense. So the answer is part of the 45/45 rule. Read more »Can Parents Deviate from the Visitation Schedule / Physical Custody Schedule in Oklahoma?
The parties generally can decide jointly to deviate from the schedule to maybe switch off some weekends, whatever the case may make sense when acting in the best interest of the children. Read more »
