Tulsa Attorney Blog
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 »Enforcing Child Support: Tools & Strategies
Tulsa family law attorney Brian Carter from Wirth Law Office discusses options for addressing owed child support. Income withholding allows for direct deductions from the debtor's paycheck. Liens may be placed on property, and tax returns can be intercepted to cover obligations. Persistent nonpayment could lead to contempt of court, resulting in fines or jail time. Additionally, various licenses, including driver’s, professional, and recreational licenses, may be suspended until the obligation is fulfilled. Carter outlines these measures as legal tools to enforce child support payments. Read more »Guardianship Duties: What to Know Next
This blog post explains the responsibilities and ongoing requirements for a legal guardian once appointed. The guardian assumes the care and decision-making duties for a minor child or incapacitated adult, including decisions on education, healthcare, and daily needs, as well as financial obligations. The court mandates annual reports to monitor the ward's status. While guardianships are generally permanent, they can be modified or terminated in certain situations, such as when a minor reaches the age of majority, an incapacitated adult regains capacity, or if there is a need to appoint a new guardian. Read more »Legal Guardianship Explained: Roles and Steps
A legal guardian is appointed by the court to act in the best interest of a minor child or an incapacitated adult, making decisions regarding finances, education, and healthcare. The guardianship process starts with filing a petition, followed by a notification procedure based on the guardianship type. A court hearing then determines the necessity of appointing a guardian. If contested, the process may become complex, but it generally proceeds smoothly. Once appointed, guardians must act in the ward's best interest and submit annual reports to the court, which are typically informal. 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 »Explore Common-Law Marriage Basics in Oklahoma
In Oklahoma, common-law marriage is legally recognized. To establish such a marriage, the parties must be legally eligible to marry, which includes being of legal age and not currently married to another person. Courts examine if the couple presents themselves as married through actions like sharing a last name, filing joint taxes, or cohabitating. An agreement to be married is necessary, although it need not be formal or written. Once established, a common-law marriage holds the same legal status as a marriage with a license, affecting potential divorce or child custody proceedings similarly. Read more »Protect Your Bond: Learn About Parental Alienation
Parental alienation occurs when one parent deliberately tries to undermine or harm the relationship between a child and the other parent. This can manifest in various ways, most commonly through negative comments about the other parent. It may also involve efforts to restrict communication or visitation. In essence, parental alienation involves manipulating a child against the other parent to gain an advantage. Read more »Why a Guardian Ad Litem Matters for Kids
A guardian ad litem is a court-appointed attorney tasked with advocating for children, particularly in cases with allegations involving them. They play a crucial role when children are too young to express themselves adequately. The guardian ad litem interviews the parents, children, and other relevant parties, presenting their findings to the court, which often gives significant weight to their reports. This can be especially beneficial in contentious custody disputes. Additionally, having a guardian ad litem helps address issues related to the child hearsay rule. These attorneys provide an essential voice for children in legal proceedings. Read more »Protecting Your Special Needs Child During a Custody Battle
This blog post by Tulsa family law attorney Brian Carter discusses factors courts consider in child custody cases involving children with special needs. Key considerations include expert evaluations from medical or mental health professionals familiar with the child's needs and the ability of the parents to meet those needs, such as attending appointments and fulfilling educational requirements. Stability through a consistent routine and support system is crucial. Additionally, the cooperation level between parents is significant, as courts evaluate how well parents work together in the child's best interests. Read more »Divorce Mediation: No 30-Day Change of Heart
In Oklahoma, once a divorce mediation agreement is reached and properly signed by all parties and their attorneys, it is generally binding and enforceable as a contract under contract law. Parties do not have 30 days to change their minds after signing. Mediation can be either agreed upon or court-ordered, and while reaching an agreement is not mandatory, any agreement must be clear and documented to ensure enforceability. If an agreement is not memorialized with signatures, its enforceability may be challenged due to lack of clear evidence. It is important to make the terms explicit to avoid further litigation. Read more »Pre-Sentence Investigations: Determining Your Future
A pre-sentence investigation (PSI) is conducted before sentencing in a criminal case to determine an appropriate punishment that aligns with statutory guidelines. This investigation assesses the defendant's risk to the community, likelihood of re-offending, and the severity of the crime. It helps the court decide whether a lighter or harsher sentence is justified, potentially influencing outcomes in cases with sentencing ranges from no jail time to lengthy imprisonment. The PSI can be instrumental in achieving favorable sentencing outcomes, providing an in-depth analysis of the defendant's background and circumstances. Read more »Oklahoma Attorney Discusses Conviction Sentencing
The blog post by Carl Birkhead, an attorney at Wirth Law Office, discusses sentencing options following a criminal conviction. It outlines the potential outcomes for individuals convicted of misdemeanors or felonies, including serving time in jail or prison or receiving a suspended sentence with probation. A suspended sentence allows a person to avoid incarceration while fulfilling certain conditions such as paying fines or attending classes. Birkhead clarifies that the nature and length of the sentence depend on the severity of the crime, ranging from minor misdemeanors with short jail terms to serious felonies potentially resulting in life imprisonment. Read more »
