Tulsa Attorney Blog
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 »Master the Best Interest Standard in Custody
The best interest standard in child custody cases is used by courts to determine the most suitable living arrangements for a child's stability and success. In Oklahoma, this typically means joint custody, with the assumption that both parents are fit, unless rebutted by factors such as geographical distance, work schedules, or issues like domestic violence and substance abuse. Courts assess each parent's employment, home stability, history of any problematic behaviors, and their ability to meet the child's needs. These considerations help ensure decisions align with the child's best interest, particularly in terms of long-term wellbeing and maintaining meaningful parental relationships. Read more »Find Your Ex for Legal Papers: Essential Steps
To serve paternity papers in Oklahoma when an ex’s address is unknown, several methods are available. These include personal service via a process server or sheriff, certified mail requiring a known address, and skip trace searches using databases and utility records. Private investigators can also assist in locating someone. If these methods are unsuccessful, you may request court approval for service by publication in a legal newspaper. Each approach accommodates different circumstances, ensuring that service is possible by adhering to appropriate steps. Legal advice specific to individual cases is recommended for navigating these processes effectively. Read more »Guard Your Rights: Understanding Motions to Suppress
A motion to suppress in Oklahoma courts is a legal tool used in criminal cases to argue that evidence should be excluded because it was obtained through a violation of constitutional rights, such as through unreasonable search and seizure, or violations of Miranda rights. The suppression of such evidence serves to uphold citizens' rights and prevents the government from benefiting from legal violations. If evidence is suppressed, the prosecution must determine whether it still has sufficient evidence to prove its case beyond a reasonable doubt. This mechanism ensures accountability for law enforcement and government agencies. 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 »Do You Need an Attorney for an Uncontested Divorce with Minimal Assets?
In Oklahoma, individuals can represent themselves in an uncontested divorce involving minimal assets, but self-representation may not always be straightforward. Unlike some states, Oklahoma does not offer fill-in-the-blank divorce forms, so individuals must draft documents themselves in compliance with state statutes and court rules. There are three options: drafting documents oneself by researching public records; using a drafting service, suitable for uncontested divorces with minimal assets; or hiring an attorney, which ensures proper handling of paperwork and any potential issues. Consulting an attorney is recommended to address any unique concerns that may arise. Read more »Who’s at Fault? Navigating Visitation Conflicts
In Oklahoma family law, supervised visitation can be ordered, sometimes involving a third-party supervisor like a family member. In a case where a judge ordered visitation supervised by the mother’s brother, the issue arose when the brother did not attend, causing the father to miss visitation. The court cannot hold the brother in contempt as he is not under its jurisdiction. The mother might only be in contempt if she intentionally interfered. The practical solution is to request a change in supervisor, possibly using a professional service, which offers neutrality and reliability in supervision, potentially supporting future court decisions. Read more »Essential Child Support Compliance: Avoid Legal Risks
In an Oklahoma custody case with a court order for child support payments through DHS, failing to comply can lead to legal issues. Paying the custodial parent directly instead of through DHS may result in enforcement actions, as DHS records could show unpaid amounts. This may trigger contempt proceedings, with the burden on the payer to prove payment. Additionally, supporting a child directly does not replace court-mandated payments. Non-compliance can result in jail time if one has the ability to pay but fails to do so. Adhering to the DHS payment order is essential to avoid legal consequences. Read more »Know Your Rights: Navigating Custody Ethics
In a family law case in Oklahoma, a person was asked by their ex to sign a custody order drafted by the ex's attorney, raising questions about potential ethical violations. This situation involves Rule 4.2 of the Oklahoma Rules of Professional Conduct, which prohibits a lawyer from communicating with a represented person without consent from that person’s lawyer. However, using a client as a go-between typically does not constitute a violation, as the rule aims to prevent direct persuasion by attorneys. Such interactions are common in family law, although individuals can choose to route communications through their attorneys if preferred. 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 »How to Claim Unpaid Oklahoma Child Support from an Estate
When an ex-spouse dies owing back child support, the obligation remains a valid debt of their estate. Unlike other debts, child support is automatically reduced to judgment and is not dischargeable in bankruptcy. If the deceased had assets and a probate case is opened, creditors can file a claim to seek payment. If no probate case exists, creditors can initiate one. Collection of child support from an estate depends on the available assets and debt priorities. Pursuing these claims may involve complex legal proceedings, and consulting with an attorney can provide guidance specific to individual situations. 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 »Will Expert Reports Sway Your Oklahoma Custody Case?
In a custody case involving allegations of coaching by a parent, the impact of an expert witness report depends on its admissibility and credibility. Expert testimony is distinguished from lay testimony by its reliance on specialized knowledge and qualifications. If a court deems the expert qualified and their testimony credible, it can significantly influence the court's view on the children's statements. However, custody cases can become a battle of the experts, where opposing testimonies might diminish their influence. The effectiveness of such evidence hinges on whether it’s admitted, its persuasiveness, and the presence of counter-expert opinions. 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 »Effective Mediation: Do's and Don'ts for Success
The blog post by Carl Birkhead, a Tulsa family law attorney, offers guidance on effectively navigating mediation. He emphasizes the importance of preparation, suggesting that participants should know both their goals and potential concessions. Ensuring alignment with your attorney is crucial for a successful mediation process. Birkhead advises against sharing a room with the opposing party to maintain clarity and composure. Additionally, he stresses the need for respectful behavior, regardless of past conflicts. Mediation provides an opportunity for parties to control the outcome, making it essential to prepare thoroughly and maintain emotional control. 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 »How Night Shift Jobs Can Impact Child Custody Cases
The impact of working a night shift on custody decisions depends on several factors, primarily the parent's schedule and support system. Key considerations include the frequency of night shifts and the availability of family or friends to care for the child during the parent's absence. The court focuses on whether the child's needs are met and if the living arrangements serve the child's best interests. A night shift isn't inherently detrimental to custody; instead, the overall circumstances surrounding the parent's ability to provide care while maintaining their work schedule are evaluated. Success in custody cases hinges on demonstrating that the child's welfare is prioritized. Read more »Protect Kids: Speak Kindly About Co-Parents
The blog post by Carl Burkhead, a Tulsa family law attorney, discusses the importance of avoiding negative comments about a co-parent in front of children during family disputes. In high-conflict cases, courts often issue good conduct orders to prevent such behavior. These orders typically advise parents not to criticize or fight with each other in front of the children to avoid harming the parent-child relationship. Burkhead emphasizes that overheard negative remarks can also affect children and may lead to challenges in court. Judges view any form of parental alienation seriously, as it interferes with the child's relationship with both parents. 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 »Master Courtroom Composure: Key to Legal Success
Carl Burkhead, a Tulsa family law attorney, emphasizes the importance of maintaining composure in court. He notes that high-stress situations can lead to impulsive reactions, which are often noticed by judges and can negatively impact cases. Burkhead shares anecdotes from his career to illustrate how inappropriate courtroom behavior, such as nonverbal reactions or outbursts, can disrupt proceedings and be detrimental to one's position. He advises showing respect for the court process and controlling emotional responses to avoid complications during a trial. 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 »Why Oklahoma Courts Prioritize Sleep Stability for Kids
Courts prioritize consistency in visitation schedules to support children's development, sleep, school performance, and social life. Typically, children either reside primarily with one parent with weekend visitation for the other, or a shared 50/50 custody arrangement is adopted, such as a week-on, week-off schedule. Courts generally do not favor the 2-2-3 schedule due to potential disruptions during the school week. However, if parents live nearby and can maintain stability without affecting school routines, courts may be more flexible. Overall, judges aim for minimal disruption and maximum stability in children's schedules. 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 »Fighting for Custody in Oklahoma
In Tulsa, Oklahoma, contested custody cases begin with a Parenting Plan Conference (PPC) where the judge provides an overview and co-parenting videos are shown. If no temporary orders are agreed upon, the case moves to a temporary orders hearing, typically scheduled 30 days post-PPC. These hearings are concise, often involving attorney proffers instead of full trials. The court then issues a scheduling order and directs parties to mediation to seek resolution. Discovery follows, allowing evidence gathering. If mediation fails, the case approaches trial, necessitating complete discovery, motion resolutions, and extensive preparation for presenting evidence and witness information at trial. Read more »Contested Child Custody Changes: Key Insights
This blog post discusses the differences between contested and uncontested child custody modifications. In uncontested cases, where both parties agree, the process is typically faster and less stressful, as there is no need to demonstrate a material and substantial change in circumstances. An example is provided where parties agreed on terms, leading to a swift modification. In contrast, contested modifications can take much longer, ranging from three months to over a year, due to litigation and the emotional stakes involved. The post emphasizes understanding the legal standard for modifications and assessing individual situations based on these criteria. Read more »
