Family Law
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 »Understanding Automatic Temporary Restraining Orders in Divorce
Are you in the middle of a divorce and you're not sure what a temporary restraining order means? My name is Carl Birkhead. I'm an attorney with Wirth Law Office. I want to help you make law easy by just explaining a little bit about what an automatic temporary restraining order is, what it means, how it affects you, and what the do's and don'ts are when operating under one. So I've been doing this for about seven years, and I have issues with the way that this is titled because a lot of my clients, they'll see something in divorce paperwork called an automatic temporary restraining order. That sounds like very scary language. Usually, whenever we hear the words restraining order, we think that someone's done something wrong and they have to be restrained from being around the other side. That's not the case here. It's an order that's put in place to make sure that the marital estate stays intact. It's not accusing anyone of wrongdoing. It's not saying that you're a bad person and must stay away from the other side. No language in there specifically prohibits you from interacting with your soon-to-be ex-spouse, which is fortunate because a lot of times, these are cases that involve children, and you need to be able to interact with your ex. You need to be able to do visitation exchanges. You need to be able to communicate with one another. So what does the ATRO do? Like I said before, it preserves the marital estate. So it prohibits you from taking out any loans or incurring any extra debt. It prohibits you from selling off major pieces of the marital estate. You can't sell the marital home, the house that you guys lived in together. You can't sell any of their personal property. You can't sell any vehicles that you had in each other's names. Like if you and your ex were co-signers on a car loan, something like that, one of you couldn't just go and trade it in and get something for yourself, at least not without the agreement of the other side. The purpose of this is to make sure that neither side gets put in a bad spot in the divorce because once a divorce is started, it's up to the court to equitably divide your property and your debt. So you can't be going and adding on a bunch of debt or selling off a bunch of property because then that adversely disadvantages the other side. I've seen very minor infractions. I've seen very huge violations of the TRO. The best thing that I can advise you in these situations is if you have questions about what you can do with money or property, it's probably governed under the TRO and you should talk with your attorney about it. If you have questions about this and you just think you need some help or some guidance, please feel free to give us a call. My name is Carl Birkhead. I'm with Wirth Law Office, and I want to help you to make law easy. Thank you. Read more »Navigating Child Support for Special Needs Children
Are you facing a situation where you have a child with special needs and you're unsure about how it impacts your parental obligations, particularly when it comes to child support? As an attorney with Wirth Law Office, I have seen how special needs can play a significant role in the family law process, especially when it comes to financial support for the child. In cases where a child with special needs requires ongoing care and support even after reaching adulthood, the courts may extend the child support obligation beyond the age of 18 or high school graduation. It's a challenging and heartbreaking situation, but legal assistance is available to help navigate through these complex issues. If you need guidance or have questions, don't hesitate to reach out. Let's work together to make law easy for you and your family. Read more »Navigating Termination of Parental Rights: Legal Aspects Explained
Are you considering terminating someone's parental rights? Attorney Carl Birkhead from Wirth Law Office is here to help simplify the process for you. In his years of experience practicing family and criminal law, Carl has encountered many situations where one parent wants to terminate the rights of the other. Whether it's due to a lack of relationship with the child or failure to provide financial support, there are legal grounds for termination. Carl explains the steps and requirements involved in this process, emphasizing the importance of having another parent willing to step in and take on those responsibilities. If you're considering this option, don't hesitate to reach out to Carl for guidance. Read more »How To Assert Your Rights As A Father
Are you the father of a child and you want to know how to establish your rights? My name is Carl Birkhead, an attorney with Wirth Law Office. As a parent myself, I understand the importance of ensuring fathers have the opportunity to see their children and have their rights protected. If you have a child out of wedlock, it's crucial to establish paternity to assert your rights. Whether you're seeking custody, visitation, or child support, we can help guide you through the legal process. Don't wait to protect your rights as a father – contact us today for assistance. Let's make law easy together. Read more »What To Do When Visitation Isn’t Happening
Are you being denied visitation with your child? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, has the solution for you. In his seven years of practice, he has dealt with countless cases where one parent refuses to comply with visitation orders. Whether it's around the holidays or due to child support issues, Carl is here to help. By filing a motion to enforce visitation, you can take legal action to ensure you get the time with your child that you are entitled to. Don't hesitate to reach out for assistance and make law easy with Carl Birkhead on your side. Read more »Do You Need an Emergency Protective Order?
If you're in a situation where you feel unsafe and in danger, you may need to consider obtaining an emergency protective order. An emergency protective order, or EPO, is a legal tool that can help protect you from immediate harm. Whether it's a domestic situation or someone stalking and harassing you, an EPO can provide the protection you need. However, obtaining and keeping an EPO can be challenging. It's important to have evidence to support your case and justify the need for protection. If you're in need of assistance with obtaining an EPO, don't hesitate to reach out to us at Wirth Law Group in Tulsa, Oklahoma. We're here to help make the legal process easy for you. Read more »The Truth About Common-Law Marriage
Are you unsure if you are in a common-law marriage? Attorney Carl Birkhead from Wirth Law Office has the answers for you. With seven years of experience, he breaks down what it takes to establish a common-law marriage and what evidence is needed to prove or disprove it. From a meeting of the minds to filing taxes together, Carl explains the key elements that determine if a common-law marriage exists. If you're facing a situation where someone is claiming you're in a common-law marriage when you're not, Carl can help. Reach out to Wirth Law Office for expert legal guidance. Read more »How to Enforce Your Child Custody Agreement: A Parent’s Guide
Are you struggling to enforce a child custody order? It can be a frustrating and emotional experience when the other party refuses to abide by the court's decision. That's where I come in. As a lawyer with Wirth Law Firm, I specialize in helping clients navigate the complexities of family law, including enforcing custody orders. Whether you're dealing with visitation issues or custody violations, I can assist you in filing the necessary motions to ensure that your rights are protected. Don't hesitate to reach out for help. Let's work together to make sure that your custody order is enforced effectively and efficiently. Remember, you don't have to go through this alone. Read more »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 »
