Tulsa Attorney Blog
James Wirth on NewsNation: The Truth Behind OK's Youthful Offender Act
Jesse Butler, an 18-year-old from Oklahoma, admitted to the sexual and physical abuse of two teenagers when he was a minor. Charged initially as an adult, his status changed to a youthful offender due to his age at the time of the crimes. Despite facing a 78-year prison sentence, Butler is free, required to complete community service and counseling, and abide by a curfew. This decision, influenced by factors like maturity and potential for rehabilitation, has sparked public protests. Butler's criminal record may be expunged by his next birthday, a situation that has caused considerable controversy. Read more »Stop Googling Your Child Custody Case: An Attorney Explains Why Google is Wrong
The blog post addresses common misconceptions about child custody, highlighting the complexity of family law and the frequent misunderstandings clients have. One major misconception is over-relying on internet research, such as Google, without considering legal expertise and statutory guidance. It emphasizes the difference between physical and legal custody, clarifying that joint custody does not always equate to equal parenting time. Instead, it involves shared decision-making rights, even if one parent has primary physical custody. The post underscores the importance of seeking clear explanations from legal professionals to navigate custody matters effectively. Read more »Can You Be Sued for Facebook Posts About Your Ex?
The blog post, written by Tulsa attorney Carl Birkhead, discusses the potential legal consequences of posting negative comments about an ex-partner on social media platforms like Facebook. It highlights the balance between First Amendment free speech rights and the rights to privacy and protection from harassment. Birkhead advises against posting such comments online, noting that even non-defamatory statements can negatively impact legal cases, particularly in family law contexts. He provides an example of how online posts can undermine credibility in court. The post concludes with the recommendation to avoid sharing anything online that one wouldn’t want read in court. Read more »Record Your Ex: The Legal Strategy that Can Win Your Child Custody Case
In Oklahoma, individuals engaged in a dispute with a former co-parent can legally record interactions, including phone calls, without needing the other party's consent. Tulsa child custody attorney Carl Birkhead explains that recordings can serve as crucial evidence in child custody cases, offering tangible proof of statements made during conversations. This practice is common and can be done openly or discreetly. While the law permits such recordings without notifying the other party, Birkhead advises using this option judiciously and being mindful that others might also record interactions with you. Read more »OK DUI Law is Changing: The End of DWI & APC
The DUI statutes are set to change on November 1st, 2025. Two charges, driving while impaired and actual physical control of the vehicle (APC), will be eliminated. Previously, drivers with a BAC below 0.08 could be charged if impaired by alcohol or drugs; now, any impairment can lead to a DUI charge, regardless of BAC. The APC charge, previously applicable to individuals in a vehicle without operating it, will also be encompassed under DUI. This amendment implies that being in a vehicle while impaired, even without driving, could result in a DUI charge. Read more »Law School Externship: Get Real Courtroom Experience at Wirth Law Office
Christopher Stevens shares his experience as an extern at Wirth Law Office, where he previously worked in personal injury. Seeking to enhance his knowledge of criminal law, Stevens returned for his law school externship. He praises the supportive and knowledgeable environment, highlighting exposure to various legal areas. During his externship, Stevens gained courtroom experience in both municipal and district courts across Tulsa and Creek County. He emphasizes the broad opportunities available at Wirth Law Office for externships, regardless of legal specialization, due to the diverse practice areas covered by the firm. Read more »Custody Cases: You Need Evidence, Not a "Bad Feeling" to Withhold Visitation
Carl Birkhead, a Tulsa child custody attorney, discusses how statements made in court about withholding custody can backfire if not supported by evidence. In Oklahoma, Title 43 allows visitation to be withheld if there is a belief of irreparable harm, such as abuse or neglect, but it requires evidence, not just instincts. Specific behaviors or conditions, like reports of abuse or drug presence, must be articulated. Birkhead shares an example where unsupported claims led a mother to nearly lose custody. The key is ensuring actions align with justifiable, evidence-based concerns to avoid negative legal consequences. Read more »Medical Card is NOT a Defense: New DUI Law Closes Marijuana Loophole
Oklahoma's DUI statutes are set to change starting November 1st. The offenses of actual physical control and driving while impaired will be consolidated into updated DUI laws. The new statute includes explicit language stating that having a medical marijuana prescription or legal authority to use substances is not a valid defense. Additionally, refusing a breathalyzer or blood test will be considered an aggravating factor, potentially leading to enhanced penalties. These could include elevated sentencing ranges, felony charges, or extended use of an ignition interlock device. The changes affect both legal definitions and enforcement procedures for DUI cases. Read more »Oklahoma DUI Law Changes Nov 1st: The Felony Line Just Got Lower
The DUI statutes in Oklahoma are undergoing amendments effective November 1, 2025, altering how offenses are classified. Previously, offenses followed a straightforward progression: first offense as a misdemeanor, second as a felony, and so forth. The new structure maintains this progression but introduces aggravating factors that can elevate charges. For example, a first offense with a blood alcohol level of 0.15 or higher may now be considered an aggravated DUI, leading to felony charges. Furthermore, the revised statutes emphasize mandatory treatment and therapy, especially for aggravated or repeated offenses, and encourage the use of alternative court programs to focus on rehabilitation. Read more »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 »
