Family Law
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 »What Does “Noncustodial Parent” Mean Under Oklahoma Child Support Definitions?
According to Tulsa Attorney, James Wirth, "Noncustodial parent means a parent who has physical custody of a child 182 days per year or less." Read more »What Does "Current Monthly Child Support Obligation" Mean Under Oklahoma Child Support Definitions?
current monthly child support obligation means the base child support obligation and the proportional share of any healthcare coverage, cash, medical support, and annualized childcare costs. Read more »What is "Base Child Support Obligation" for Oklahoma Child Support Purposes?
Base child support obligation means the amount of support displayed on the schedule of basic child support obligations, which corresponds to the combined AGI. Read more »What Happens If You Misuse a Protective Order
When you file for a protective order, you get an immediate hearing that day on the petition, a judge will enter an order temporarily. Read more »How Much Does a Divorce Cost?
First off, in a divorce, you're not required to have an attorney. It may make sense for you to have an attorney. Read more »How Do You Do Your Divorce Papers
When you go down to the courthouse in Oklahoma, you talk to the court clerk, they do not have standardized template forms to fill out. Read more »Oklahoma Lawyer Discusses Divorce in Tulsa
So for the first thing, if you're looking for a divorce lawyer in Tulsa, Oklahoma go to the Wirth Law office. Read more »When You Don't Need a Lawyer for Your Oklahoma Divorce
First off, you're not required to have a lawyer. If you're going to get divorced, you are required to go to court to go through the process. Read more »Two Options for Getting Divorced in Oklahoma Without an Attorney
Each divorce, the party is responsible for drafting their own pleadings and making sure that they comply with Oklahoma law. Read more »How to Get a Divorce in Oklahoma
Unlike a common law marriage where you can enter it outside of court, there's no such thing as a common-law divorce. Read more »How Much is Child Support in Oklahoma?
It is determined based on primarily the parties' incomes and the number of kids involved, with a few other factors that go into that as well. Read more »How to File for Child Support in Oklahoma
If you are the father filing, establish yourself as the father, get parental rights and seek child support from the mother. If you're the mother, then you're filing to establish that the father is the legal father, biological father, and should be paying child support. Read more »What is Joint Custody in Oklahoma?
Generally speaking, when you have joint custody, it means that you have a joint legal say in the big decisions for the child. Read more »Six Things a Child's Legal Custodian Must Decide in Oklahoma
It's primarily what school's the child going to attend. That's the first one. The second one is summer camps, church camps, things like that. Read more »What is Primary Custody in Oklahoma Family Law?
The term primary custody was not located anywhere in Oklahoma statute, was not cited in any case law. But typically, it was used in order to designate for two particular purposes. One, sometimes you've got two parents going through a divorce or through a custody battle. And one party as part of negotiations wants to be designated the primary just to have that title. Read more »What is Standard Visitation in Oklahoma Custody Cases?
Standard visitation generally means that the non-custodial parent or the secondary custodial parent has every other weekend and alternating holidays. And that every other weekend is typically from Friday after school and then returning sometime Sunday evening every other weekend. And that's the typical standard visitation, but it's important to note that many people don't call that standard visitation. Read more »What is Extended Standard Visitation in Oklahoma Family Law?
Extended standard visitation, that means instead of being from Friday after school to Sunday evening every other weekend, it is from Friday after school, all the way till Monday back to school every other weekend and that's the extended part. Instead of returning the child on Sunday evening, you returned the child on Monday morning by taking the child to school. Read more »
