A writ of assistance is a legal tool that a court can issue to enforce its orders. In the context of emergency child custody cases, this writ plays a critical role in ensuring the safety and well-being of a child who may be in imminent danger or in need of immediate protection. Below, we’ll discuss what a writ of assistance is and when it might be useful in emergency child custody situations. Definition and Purpose of a Writ of Assistance A writ of assistance is a court… Read More
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Who Gets to Claim Child Tax Credit After a Divorce in Tulsa?
Who is claiming the Child Tax Credit is one of many questions that can come up during the divorce process. The Child Tax Credit, a tax benefit for parents, can significantly reduce the tax burden of the parent claiming it. Determining which parent is entitled to claim the credit depends on custody arrangements, the tax code, and agreements made during the divorce process. What is the Child Tax Credit? The Child Tax Credit is a federal tax benefit that helps parents offset the costs of raising children…. Read More
How Does a Writ of Habeas Corpus work in Child Custody?
A Writ of Habeas Corpus, often associated with criminal law, is also a valuable legal tool in child custody cases. It is particularly effective in situations where a parent unlawfully retains custody of a child. In family law, a writ of habeas corpus can enforce custody orders, address disputes, or secure the return of a wrongfully withheld child. What is a Writ of Habeas Corpus? A writ of habeas corpus is Latin for “you shall have the body.” It refers to a court order requiring a person… Read More
Can I Use a Protective Order For Custody And Visitation In Oklahoma
In Oklahoma, using a protective order for custody and visitation is disfavored by the court. When you ask the court for a protective order the initial order is temporary and granted without a hearing. It is based on immediate risk of harm. In the initial stage the Judge may allow you to put the child on the order but this can change. Once the case is set for trial the Judge in the case will probably tell you to remove the child. This doesn’t leave the child… Read More
Who Gets To Live In The Marital Home During Divorce In Tulsa?
During the divorce, Who gets to live in the marital home can be one of the biggest questions when facing a divorce. In Oklahoma, a divorce or legal separation can be challenging to experience, especially when it comes to the household. Understanding your rights in your home is important. Here’s more on the property laws in Oklahoma and how it affects who resides in the home upon divorce. About Equitable Distribution of Marital Home First of all, it’s important to recognize that Oklahoma uses the law of… Read More
Step-Children Inheritance and Estate Planning After Divorce in Tulsa
Divorce and remarriage often leads to the existence of step-children. It is not uncommon for step-parents and step-children to share a strong bond. Even if the step-parent and the children’s biological parent divorce, sometimes this bond remains intact between step-parent and step-child. As a result, some step-parents want to include step-children in their estate planning. Oklahoma law has some special requirements when it comes to including step-children in inheritance. Oklahoma Laws and Step-Children in Inheritance Title 84 includes all the laws about inheritance and succession. Under §… Read More
How Does a Judicial Order of Proper Conduct Work in Oklahoma Family Law?
A Judicial Order of Proper Conduct is commonly used in family law cases, and helps protect the well-being of all parties. In family law, tensions can run high, with negative impacts for those involved in the case, especially children. To address this, courts may issue a Judicial Order of Proper Conduct (JOPC), which sets specific behavioral guidelines that parties must follow during the legal process. What Is a Judicial Order of Proper Conduct? A Judicial Order of Proper Conduct is a court-issued directive mandating how the parties… Read More
Do I Have Custody Rights of Adopted Stepchildren in a Divorce in Oklahoma?
Many wonder if they can get custody of adopted stepchildren in an Oklahoma divorce. Divorce is a complex and emotional process, particularly when it involves children. However, when it comes to adopted stepchildren, questions about custody rights can become even more complicated. Understanding your legal standing and custody rights regarding adopted stepchildren in Oklahoma can help you navigate this challenging situation. Adoption and Parental Rights When you legally adopt your stepchild, you assume all the rights and responsibilities of a biological parent. This includes the obligation to… Read More
Can An Abusive Spouse Get Custody in Oklahoma
Many people wonder whether their abusive spouse will be able to get custody. Child custody determinations are among the most crucial and sensitive decisions in family law cases. In Oklahoma, the court’s primary consideration in any custody decision is the best interest of the child. When allegations of abuse arise, the court takes these very seriously and considers them carefully when determining custody arrangements. Best Interest of the Child Standard First and foremost, Oklahoma courts use the “best interest of the child” standard to guide custody decisions…. Read More
Does Alcohol Impact Child Custody in Tulsa Oklahoma
Alcohol impact child custody decisions when the alcohol use becomes excessive . Child custody decisions in Oklahoma follow the principle of the best interests of the child. This takes into account various factors, such as the well-being of the child, the stability of the home environment, and ability of each parent to meet the child’s needs. Impact Of Alcohol On Child Custody Decisions First and foremost, Oklahoma courts prioritize the best interests of the child when determining custody arrangements. In this context, the standard encompasses several factors,… Read More