Guardianship by Power of Attorney is a tool for parents and Family Courts in Tulsa. An ongoing problem is how to balance an immediate need for low cost care against the need for safe and secure child custody. The Oklahoma legislature recently passed laws that attempt to address this exact concern. Although Guardianship by power of attorney is helpful in lowering cost it may create some unforeseen problems. Power of Attorney: A power of attorney in general conveys rights and duties of one individual to another, the attorney-in-fact. … Read More
Relocating Out of State With Children After Tulsa Divorce
Relocating out of State with children after Tulsa divorce is done only through Court order. Notwithstanding this simple rule, divorce is an emotionally rough experience. With the uncertainties of life without a former spouse creating stress and strain. And, the prospect of raising the children in a divided home can put the pressure over the top. Sometimes divorce and child custody disputes make people do things they would otherwise not. Its not to say that the seemingly normal people are bad parents, its just that the divorce… Read More
Oklahoma Same Sex Step Parent Adoptions
Oklahoma Same Sex Step Parent Adoptions are no longer a prohibited method of parentage. With the Supreme Court’s ruling establishing a right to same-sex marriage, laws in all the states including Oklahoma have expanded several rights for LGBT couples. One of these new rights is for same sex step parent adoptions. For years, without the right to marry we haven’t been able to accommodate the adoption needs of children and their same sex parents. Historically, parentage is either a heterosexual couple, or an agreement of a donor. But… Read More
Explanation of Protective Orders
A restraining order is a court document that prohibits one family member from having any contact whatsoever with another. The purpose of a protective order is to prevent an immediate risk of harm. An example of this is an angry spouse, a jilted lover or any other threatening family member. One important requirement is that the person who is threatening harm you is a family member. A family member also includes those in dating relations and in-laws. Common reasons for the order are alleged domestic violence, stalking,… Read More
Family Emergency Custody in Oklahoma
There are times when a child is in imminent danger because one or both of parents are abusive. This abuse can involve drug use, sexual abuse, physical abuse or any other imminent risk of harm to the child. Oklahoma courts take the welfare of children very seriously. At those times the court must step in to determine in whose custody the child should reside under Oklahoma Emergency Custody rules. If after a hearing the judge determines that harm will come to a child he will order the child removed…. Read More
Marital and Separate Property in Divorce
When you are married, some of your property remains separate and some becomes marital property. If you later divorce, an Oklahoma judge will divide this marital property between you and your spouse. This division is known as equitable distribution. Equitable distribution does not mean that each spouse gets an equal share. Rather, equitable distribution means that the distribution must be just and fair. There are ways that you can protect certain property from your spouse in the event of a divorce, such as your family business. However,… Read More
Oklahoma Alimony Information
Tales of prenuptial agreements flood the tabloids every time a celebrity couple weds. Hence, you may be under the impression that prenuptial agreements are solely for the rich and famous. However, this is an incorrect assumption. Prenuptial agreements can be a solid investment in your future by protecting the assets you hold dearest in the event of a divorce. You do not need to have many assets to enter into a prenuptial agreement nor do you need to have a high salary. The only thing you need… Read More
Some Facts about Divorce in Tulsa
Besides child custody, visitation, and child support there are other issues to consider when dealing with a divorce in Tulsa or anywhere in Oklahoma. Bankruptcy and Divorce in Tulsa: It’s not uncommon for one or both parties during a divorce to file bankruptcy. In fact, if one party of a divorce is seeking bankruptcy we encourage the spouse to join in. This makes sense because marital debt will not transfer to the other spouse. Rather the bankruptcy forgives the and it goes away more easily. However, a final… Read More
Mediation in Tulsa Divorce and Family Law
Tulsa family law strongly encourages Mediation in Tulsa Divorce. While no law expressly requires mediation local courts may have certain local rules. District courts require setting mediation prior to setting the case for trial. The reasoning is that trials are costly and that mediation may reduce the cost. Additionally this reduces the number of cases set on the courts trial docket. Mediation in Tulsa divorce allows the parties to attempt to resolve outstanding issues in a divorce or paternity action themselves. With mediation, at least the parties have some… Read More
Explanation of Temporary Injunction
When a divorce is filed, a temporary injunction is automatically put in place. The temporary injunction intends to keep the status quo and create a fair playing field pending a final divorce. The temporary injunction order prevents both parties from transferring, encumbering, concealing, or in any way disposing of any marital property. Thus, the only allowable exceptions include acts done in the normal course. Thus, this means that you can continue paying bills and other necessary things in life. Use of funds by the parties is also allowable to pay their legal… Read More