Tulsa Attorney Blog
Incarceration and Its Impact on Custody and Visitation
Navigating child custody during incarceration is a complex issue that concerns many parents. While it is commonly assumed that an incarcerated parent cannot have visitation rights, this is not always true. Various factors play a role, such as the safety and well-being of the child and the nature of the parent's offense. In some cases, even if a parent is incarcerated, the state or the co-parent may facilitate visitation, provided it serves the child's best interest. The court's decision ultimately centers around what is most beneficial for the child, and each situation is evaluated on a case-by-case basis. Read more »How Mental Health Shapes Child Custody Outcomes
Mental health can play a pivotal role in child custody cases, particularly when one parent's condition affects their ability to care for their children. A diagnosis such as depression, commonly encountered in these legal matters, does not automatically hinder a parent's custody rights. As long as the condition is managed—meaning the individual is under regular medical care and medication is taken as prescribed—it should not negatively impact custody or visitation rights. However, unregulated mental health issues, which compromise a parent's capacity to care for their children, could influence a judge's decision. Proper management of mental health is crucial in custody considerations. Read more »Lessons from Holiday Custody Emergencies
During the holiday season, emergency custody situations often arise, posing significant challenges for families. The disruption caused by emergency custody can be particularly jarring for children, leading to a sudden reversal in their living arrangements. To secure an emergency custody order, the applicant must demonstrate that the child is in immediate danger of irreparable harm, supported by personal knowledge or sworn documentation from authorities. The urgency and recency of the threat are crucial to the court’s decision. It’s essential to approach such situations with caution, ensuring that emergency custody is genuinely necessary to protect the child’s well-being. Read more »Holiday Visitation Recap: What We’ve Learned
Navigating holiday visitation can often complicate regular custody schedules. In situations without a formal custody order, understanding how holiday and regular visitations interplay is crucial. Typically, holiday visitation takes precedence over regular schedules, meaning if a holiday falls on a weekend, the holiday schedule prevails. For instance, if Christmas coincides with a weekend, the parent designated for Christmas has priority. Holiday breaks are often divided between parents, during which regular visitation is paused. After holidays, parents may resume regular visitation as per mutual agreement or follow specific court order instructions. Ensuring the arrangement benefits the child remains the primary goal. Read more »Crime's Core: Mens Rea & Actus Reus
Understanding what constitutes a crime can be complex, involving more than just a breach of law. Crimes generally require two main elements: mens rea and actus reus. Mens rea refers to the mental state, showing intent or negligence, such as intentionally committing assault or demonstrating reckless disregard for safety. Actus reus, the second element, involves the physical act of the crime, like the act of physical harm in assault and battery. Both elements must be proven to establish that a crime occurred. This nuanced explanation highlights how intent and action together define criminal behavior, offering a clearer perspective on legal proceedings. Read more »Criminal Trials and Mental Competency: A Closer Look
Navigating the complexities of mental competency in criminal cases can significantly impact the legal process. A person's ability to assist in their defense is crucial, and when mental health issues arise, it becomes essential to evaluate their capacity. This involves filing a motion to determine competency, followed by a court-ordered evaluation. If deemed incompetent, the focus shifts to treatment to restore their ability to participate in their trial. The process varies in duration, potentially taking months or longer. Ensuring fair trial participation while addressing mental health concerns requires careful legal navigation and compassionate understanding of each unique situation. Read more »Reflecting on Holiday Visitation: Making Future Schedules Work Better
Holiday visitation schedules can often lead to confusion, especially when they conflict with regular visitation arrangements. The law typically prioritizes holiday schedules over regular ones, meaning that during holidays, the designated parent may have custody even if it disrupts the usual pattern. For instance, if Thanksgiving falls on a weekend typically designated for one parent, but the holiday schedule assigns it to the other parent, the holiday schedule will prevail. This could result in one parent having extended time during the holiday period. It's advised to focus on what benefits the child most and strive for amicable sharing of special times. Read more »Genetic Testing in Custody Cases: Uncovering the Facts
In the realm of child custody cases, genetic testing plays a pivotal role when paternity is in question. Often, the need for such testing arises when there’s uncertainty about the identity of a child's father, particularly in complex scenarios involving multiple potential fathers. In Oklahoma, legal presumptions about paternity can complicate matters, especially when timelines intersect with marriage or divorce. Genetic testing becomes essential in resolving these disputes, ensuring that children know their biological father and fathers can fulfill their responsibilities. Although these situations can be perplexing, they underscore the critical importance of establishing paternity correctly for all parties involved. Read more »Overturning a Court Order: Must-Know Tips
Understanding how to vacate a court order is crucial, especially in unexpected legal situations. Vacating orders is more common in criminal cases, often due to missed court appearances or unfair judgments. Specific provisions in Title 12 outline the criteria for vacating such orders, with default judgments being the most typical scenario. For instance, a divorce decree granted by default when one party fails to appear can be contested. To vacate, it must be shown that there was a default order, it falls within the time limit, and there was a valid reason for the absence, such as fraud or a mistake. The law emphasizes the right to a fair hearing. Read more »Facing Contempt? Here’s What It Means
Contempt of court can significantly impact individuals involved in legal proceedings. There are two types of contempt: direct and indirect. Direct contempt occurs in the courtroom through actions like disrespecting the judge or court staff, leading to immediate penalties such as jail time. Indirect contempt involves failing to comply with court orders, a common issue in family law cases, like unpaid child support. It requires filing a contempt citation, followed by an arraignment and potential trial. Penalties may include fines or jail time, with options for purging by paying a portion of owed amounts. Contempt charges are typically addressed alongside ongoing legal matters. Read more »Key Tips for Navigating Child Custody Cases Outside of Court
Navigating a child custody case can be overwhelming, but there are steps you can take outside the courtroom to strengthen your position. I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, dedicated to simplifying legal processes for you. If you're initiating a custody case, attending the mandatory Helping Children Cope with Divorce class is crucial, whether it's a divorce or a paternity case. This class is essential for obtaining custody. Additionally, consider enrolling in parenting classes to enhance your skills and demonstrate your commitment to the court. For guidance on classes or any legal assistance, contact me at Wirth Law Office. Read more »Self-Representation in Family Law: Risks and Smart Strategies
Are you considering representing yourself in a family law situation? My name is Carl Birkhead, and I'm an attorney at Wirth Law Office in Tulsa, Oklahoma. With seven years of experience in family and criminal law, I've seen many individuals attempt to navigate family court alone, particularly in child custody cases, divorces, and protective orders. While self-representation is possible, it often proves to be more challenging and messy than expected. If you're contending with an opposing lawyer, it's vital to ensure you have legal representation, too. For guidance or to determine if you need an attorney, feel free to reach out. I'm here to help simplify the legal process. Read more »Prenuptial vs. Postnuptial: Securing Your Marriage's Future
Navigating marriage can be complex, and legal agreements like prenups and postnups can offer clarity. Hi, I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma. With seven years of family law experience, I’m here to simplify the legal side of marriage for you. A prenuptial agreement is a contract between you and your partner before marriage, outlining asset and debt division if the marriage ends. But what if you're already married? A postnuptial agreement serves the same purpose, offering financial clarity even after tying the knot. Whether you’re considering a prenup or postnup, feel free to reach out for guidance. Read more »Dividing Retirement Accounts in Divorce: What You Need to Know
Navigating the division of retirement accounts during a divorce can be complex. As Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, I aim to simplify this process. Generally, each spouse is entitled to half of the retirement funds accrued during their marriage. For instance, if $50,000 accumulates in an account during the marriage, each spouse would typically receive $25,000. Often, couples may have separate accounts of similar value, allowing for easier settlements without divisions. When division is necessary, a Qualified Domestic Relations Order (QDRO) is used to specify terms. For personalized guidance, contact our office. Read more »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 »Understand Self-Defense: Avoid Crossing into Aggression
Understanding self-defense and when it applies is crucial, especially in cases involving assault and battery. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in family and criminal law for over seven years. Self-defense hinges on the reasonableness of the force used. For instance, responding to a punch with lethal force isn't justified. The force must be proportional to the threat to be considered self-defense. If you face such issues, it's vital to assess your situation carefully. For guidance on whether you have a valid self-defense claim, feel free to reach out for a consultation. 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 »Ensure Legal Success: Proofread Your Case Documents Thoroughly
Are you preparing for an upcoming court hearing? Helping your attorney be well-prepared is crucial for your case. Carl Birkhead from Wirth Law Office shares valuable tips on how you can assist your lawyer outside the courtroom. One essential step is proofreading the pleadings your attorney files on your behalf. It’s vital to verify that all factual information is accurate to avoid potential discrepancies that could lead to serious consequences like perjury charges. Your insights into your case are invaluable; work as a team with your attorney to ensure everything reflects the truth. For guidance and clarity, reach out to Wirth Law Office. Read more »How to Protect Your Attorney-Client Privilege: Key Tips
Navigating attorney-client privilege is crucial for maintaining confidentiality. I'm Carl Birkhead from Wirth Law Office, Tulsa, Oklahoma. Privilege applies when communication is solely between you and your attorney, like direct emails or one-on-one meetings. However, discussing sensitive matters in public or sharing details with others can break this privilege. For instance, if you vent about your case in a courthouse and others overhear, it could be used against you in court. Always ensure your conversations with your attorney remain private. If you have questions or need legal guidance, feel free to contact me. Let's make law easy together. 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 »How Criminal Allegations Can Impact Your Child Custody Battle
Facing criminal charges during a custody dispute can complicate matters significantly. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, and I'm here to guide you through this challenging intersection between criminal and family law. Depending on the nature of the charge, such as substance abuse or domestic violence, the repercussions on your custody case can range from minimal to severe. A DUI with the child in the car or domestic violence in front of them could drastically impact your parental rights. It's vital to navigate these situations carefully to protect your rights and your children's well-being. For guidance, contact your attorney. 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 »Expert Tips for Navigating Court-Ordered Community Service
Navigating court-ordered community service can be daunting, but it doesn't have to be. I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, with seven years of experience helping clients understand their legal obligations. Community service is often assigned in criminal cases—be it juvenile delinquency or minor misdemeanors—as part of probation. While courts seldom dictate where you must complete your hours, many non-profits like churches or Habitat for Humanity are excellent options. Completing these hours not only fulfills legal requirements but also prevents further legal issues. If you need guidance, I'm here to make the law easy for you. 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 »
