Family Law
Family law touches on some of the most personal and sensitive parts of life, including marriage, divorce, child custody, and support issues. Understanding your rights and obligations under Oklahoma law can feel overwhelming, but it is essential to protect your future and your loved ones. Whether you are facing a paternity case or navigating a divorce, having a knowledgeable Tulsa family law attorney can make a significant difference in the outcome of your case.
Wirth Law Office provides experienced guidance through the complexities of family law matters to help clients make informed decisions. From custody disputes to support modifications, the firm is committed to supporting your legal needs with professionalism and care. If you need legal help, call Wirth Law Office at (918) 879-1681 to speak with a trusted Tulsa attorney who understands the stakes involved in family law cases.
Essential Legal Advice for Courtroom Talk
The blog post discusses common phrases often heard in court, highlighting their ineffectiveness. Attorney Carl Birkhead, from Tulsa, Oklahoma, explains that saying I just want fairness is too subjective, as fairness can vary between individuals. Instead, individuals should clearly articulate their specific desires and reasons when testifying. Birkhead advises against using terms like crazy or bipolar unless qualified to do so, as these labels can lead to objections and damage credibility. He recommends describing observed behaviors factually to provide the court with concrete information rather than subjective labels or vague statements. Read more »Unlocking the Types of Fathers in Oklahoma Law
In Oklahoma family law, there are three types of fathers: adjudicated, presumed, and acknowledged. An adjudicated father is legally recognized as such through a court order following a paternity action. A presumed father is automatically recognized by law under various circumstances, such as marriage at the child's birth or acknowledgment after marriage. An acknowledged father signs a paternity acknowledgment, often at the child's birth, which confers equal rights as a presumed father. Understanding these categories is crucial as they determine the father's rights and responsibilities in family law cases (Okla. Stat. tit. 21 § 843.1). Read more »Can Family Law Attorneys Use Contingency Fees?
Family law attorneys in Oklahoma typically use different fee structures, such as hourly retainers and flat fees. Hourly retainers are most common, where clients pay a set hourly rate. Flat fees are used for straightforward cases. Contingency fees, common in personal injury cases, are rare in family law and generally not ethically allowed, except in child support collection cases. In such instances, attorneys may take a percentage of the collected back child support as their fee. While contingency arrangements are possible, most family law cases in Oklahoma are billed hourly. Read more »Exploring 'First Right of Refusal' in Custody Cases
The first right of refusal in Oklahoma family law pertains to custody and some guardianship cases. It requires the custodial parent to offer the non-custodial parent the opportunity to take care of their child if the custodial parent becomes unavailable, before considering third-party care. For example, if the custodial parent plans to be away, they must first inform the other parent, providing them the option to care for the child. This requirement is usually only triggered if the absence is for a specified duration, which can vary based on court orders or agreements, ensuring the other parent a chance to be involved. Read more »Mastering Your Pre-Trial: Oklahoma Family Law Tips
In Oklahoma family law cases, a pre-trial conference is an integral part of the litigation process, guided by rules such as Okla. Stat. tit. 12, Rule 5, and local rules like Tulsa County's CV25. These conferences streamline trial preparations by clarifying issues, listing evidence and witnesses, and addressing objections. The pre-trial order, prepared predominantly by the plaintiff, consolidates pleadings and discovery to create a trial roadmap. Judges may conduct informal meetings to resolve disputes and promote efficiency. Post-conference, the order restricts further amendments unless justified, ensuring parties are prepared with a clear framework for trial. Read more »Navigating Missed Visitation: Key Legal Insights
Missing scheduled visitation times occasionally is usually not a cause for concern or loss of visitation rights. However, the reasons for missing a visit—such as illness, work, or emergencies—can impact the situation. Consistent patterns of missed visits might lead the court to question your commitment to parental responsibilities, potentially affecting custody or visitation rights. Communication with the co-parent about any missed visits is crucial. A simple explanation can prevent misunderstandings and ease potential tensions. Understanding the legal implications of missed visitations can help maintain healthy family dynamics. Read more »Navigate Oklahoma High-Conflict Cases with Confidence
Carl Burkhead, a Tulsa child custody attorney, discusses effective communication in court during high-conflict family law cases. He emphasizes the importance of avoiding aggressive labeling of the other party with psychological terms, as it may reduce credibility. Instead, Burkhead advises using specific, neutral descriptions of behavior, allowing the court to interpret actions without assigning unverified diagnoses. He stresses acknowledging personal imperfections and maintaining a balanced perspective to avoid appearing as the source of conflict. Overall, Burkhead advocates for accurate, respectful communication to present a clear, factual account in legal proceedings. Read more »Exploring Legal Endings of Parental Rights in Oklahoma
Parental rights termination in Oklahoma involves complex legal procedures. Under Oklahoma law, a parent cannot voluntarily relinquish parental rights without specific circumstances. Typically, the Department of Human Services (DHS) must be involved, or another individual must adopt the child. The state's law prioritizes maintaining two parental figures for each child. Alternative arrangements, such as limited visitation agreements, can help manage co-parenting conflicts without terminating rights. Parental rights are strongly protected under both Oklahoma and U.S. law, making their reinstatement challenging once lost. It is crucial to carefully consider the implications of pursuing termination due to its permanent impact. Read more »Mediation, Arbitration, or Litigation: Know Your Options
The blog post explains the differences between litigation, arbitration, and mediation in legal proceedings. Litigation involves presenting a case in court before a judge or jury. Arbitration is similar but occurs in a more private setting with an arbitrator acting as the decision-maker, typically in business or contractual disputes. Mediation differs significantly as it allows parties to maintain control over the outcome with the assistance of a neutral mediator. Mediation is highlighted as a setting where both parties, with their attorneys, decide on the terms, offering a more participatory approach compared to the formal process of litigation and arbitration. Read more »A Parent's Rights in DHS Investigations
Tulsa family law attorney Brian Carter outlines the rights individuals have during a Department of Human Services (DHS) investigation. Key rights include being informed about the investigation, having legal representation, deciding whether to participate, accessing investigation information, and maintaining privacy. Individuals are not obligated to allow home visits without a warrant and can challenge DHS findings or request a hearing if children are removed. Services offered by DHS are optional. The law ensures respectful treatment, although emergency situations may warrant immediate child removal. Navigating DHS investigations can be complex, with cooperation varying by circumstance. Read more »Family Law Proffer Hearings in OK
A proffer hearing is a condensed court process used in family cases, such as divorce or paternity orders, to quickly address temporary orders when courts face large dockets. It provides a brief overview of what a full hearing might reveal, without calling witnesses or presenting extensive evidence. Each side typically has 15 to 30 minutes to present arguments, often focusing on monthly budgets, property splits, and similar issues. Attorneys outline their case to the judge, indicating what their evidence and testimony would demonstrate in a full hearing. Judges use this to make interim decisions on matters like child support and alimony. Read more »What are Temporary Orders in OK?
A temporary order hearing in family law cases, such as divorce or paternity, is conducted early in the case to establish interim court orders. These orders cover custody, visitation, child support, property division, debt allocation, and possibly temporary alimony. In Tulsa County, several preliminary steps must be completed before the hearing, like watching educational videos and attending a parenting conference. Temporary orders guide parties while the case is pending, which can take a minimum of 90 days. They allow individuals to evaluate arrangements, providing feedback for adjustments before finalizing the case. Read more »Drug Tests in Family Court Cases
In custody disputes, drug testing can be a pivotal factor in determining the safety and well-being of children involved. Typically arising in family court, accusations of substance abuse often lead one party to claim the other is unfit for custody or visitation. To address this, a motion for drug testing can be filed, with courts generally granting such requests given reasonable suspicion of drug use. The process often involves a 10-panel nail bed test due to its reliability. Should the individual avoid or fail the test, it is treated as a failure, affecting custody outcomes and financial restitution for testing costs. Read more »When a Parent Gets Arrested in OK
Every parent's worst nightmare might just be their kids witnessing an arrest. This serious situation can arise unexpectedly during routine traffic stops or emergency home responses. If a custodial parent is arrested, the non-custodial parent should quickly pick up the children and seek an emergency custody order for their safety. Conversely, if the non-custodial parent is arrested during a visit, the custodial parent should consider suspending visitation to protect the children. It's a traumatic experience for children, and taking prompt legal action can help shield them from further distress. Ensuring their safety and emotional well-being should be the top priority. Read more »Legal Guide for Teen Parenthood
Teenagers navigating parenthood pose unique legal challenges. A recent case involves a 17-year-old who believes he's the father of his girlfriend's unborn child, yet her family has blocked all contact. Legal options are limited until the child is born, but preparation is crucial. The young father should hire an attorney and have paperwork ready for immediate filing upon the child's birth. Establishing paternity through a DNA test might be necessary if the mother disputes his involvement. Court-ordered confirmation of paternity is essential before parental rights can be granted, highlighting the importance of a well-crafted legal strategy. Read more »Restoring Parental Rights
Many parents mistakenly think they've permanently lost their rights after signing over custody, but that’s not always true. If custody or visitation was agreed upon, parental rights likely remain intact, allowing for the possibility of petitioning for increased involvement in the child's life. While improved personal circumstances alone won't prompt courts to adjust custody, significant changes that enable parental participation could be considered. However, if parental rights were legally terminated for an adoption, reversing this decision is considerably more challenging and usually necessitates evidence of fraud or mistake. Reestablishing rights or regaining time with a child requires careful legal navigation. Read more »Mastering Co-Parent Challenges
Navigating the complexities of co-parenting can be challenging, especially when faced with a difficult co-parent. Effective communication often becomes a struggle, leaving individuals frustrated and entangled in unnecessary legal disputes. To manage this situation, it is crucial to adhere strictly to court orders. Ensuring punctuality in scheduled communications, staying consistent with visitation exchanges, and making timely child support payments can prevent unnecessary conflicts. While no one is flawless, maintaining a disciplined approach minimizes the other party's leverage. Although it is impossible to change the nature of a co-parent, strategic navigation can lead to more favorable outcomes in challenging custody dynamics. Read more »Child Support Attorneys Tulsa Trusts
Secure Your Child’s Future with Expert Guidance Navigating child support is a critical step in ensuring your children have the financial resources they need to thrive. Whether you are facing a divorce, adjusting to life as unmarried parents, or experiencing significant changes in your financial circumstances, understanding your child support rights and obligations is paramount. […] 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 »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 »Navigating Tulsa County Courts: Tips for Family & Criminal Cases
Navigating the Tulsa County court system can be confusing, especially with varying courtroom locations for family and criminal cases. I'm Carl Birkhead, an attorney with Wirth Law Office, and I'm here to help guide you through this process. Whether you're dealing with family law on the sixth floor or criminal cases shifting between rooms, staying informed is crucial. Always check OSCN for courtroom updates and maintain communication with your attorney. Remember, being in the right place prevents unnecessary complications. If you have any questions, don't hesitate to reach out. Let's make law easy together. Read more »Master Courtroom Etiquette: Top 5 Tips for a Successful Hearing
Are you going to court and unsure how to act? I'm Carl Birkhead, an attorney with Wirth Law Office, here to guide you through my top five courtroom tips. First, dress appropriately—think Easter Sunday attire. Second, keep your cell phone off to avoid disruptions. Third, always address the judge as your honor to show respect. Fourth, don't speak unless spoken to, even if representing yourself. Lastly, be punctual to respect the court's time. Respect is key in all interactions. If you need guidance or reassurance, feel free to reach out. I'm here to help make law easy for you. Read more »Do I Need to Share Tax Returns in an Oklahoma Divorce Case?
In Oklahoma divorces, whether you need to provide your tax returns to your ex can depend on several factors. Discovery rules in civil litigation allow parties to request relevant documents, including tax returns, if issues like child or spousal support are involved. Local rules may also mandate sharing certain financial documents at the outset of a case. Furthermore, annually, parties can request tax information under Title 43, Section 118.3. If such requests are ignored, courts might impose penalties. To navigate these requirements and protect sensitive information, consulting with a knowledgeable attorney is advisable. For guidance, visit MakeLawEasy.com. Read more »Overcoming Joint Custody Challenges: Tulsa Attorney's Advice
Navigating joint custody can be challenging, especially when one parent uses it to control decisions related to the children. As a Tulsa attorney, I often encounter situations where joint custody isn't working because one parent refuses to approve important matters like mental health and dental care for the kids. If communication breaks down and compromises can't be reached, it may be time to consider terminating joint custody. This involves demonstrating a change in circumstances to the court. Alternatively, appointing a parenting coordinator might offer a faster, cost-effective solution. For personalized guidance, visit makelaweasy.com to consult with our legal team. Read more »Navigating Pre-Court Orders: Tips for Family Law Cases
If you find yourself in an Oklahoma family law case where a judge is issuing orders before your scheduled court date, it can be confusing and concerning. It’s crucial to understand that not all motions require a hearing to be decided. Oklahoma statutes allow some motions to be granted or denied without a hearing, especially in busy courts. Temporary orders, common in family law cases, often don’t require full hearings and aren’t easily appealed. If you're unsure of your next steps or feel your rights are compromised, consulting an experienced attorney can provide clarity and strategy for your specific situation. Read more »
