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.

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.

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.

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.

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.

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.

Experiencing false allegations of child abuse from your ex can be a devastating and stressful situation, especially when it’s used as a tactic to gain a protective order or custody. Charles Attorney James Worth sheds light on the consequences for the other parent in family law court. Winning your case and proving the allegations false should be the primary focus, but there are potential punitive measures such as attorney’s fees and perjury charges. It’s crucial to gather evidence and seek legal advice early on to navigate through this complex and sensitive situation. Don’t hesitate to reach out to an attorney for guidance and support.

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.

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.