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

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What is a DHS Individualized Service Plan (ISP) And Why Is It Ordered In Oklahoma?

In Oklahoma, a DHS Individualized Service Plan (ISP) is a comprehensive, written document developed by Oklahoma Human Services (OKDHS). Its implemented for children adjudicated as deprived. The ISP outlines the specific services and interventions necessary to address the child’s and family’s needs, with the primary goal of ensuring the child’s safety, permanency, and well-being. Key Components of an ISP include: Child and Family History: In most cases a cases is opened after a child protective service investigation. After this investigation, if CPS identifies issues, they refer it… Read More

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What Are Options for a Prenuptial Agreement Before Getting Married in Oklahoma?

A prenuptial agreement, often referred to as a “prenup,” is a tool that helps you manage your financial plans and protects both parties’ interests. When you’re planning to get married, it’s smart to think about all aspects of your future, including financial matters. Here’s what you need to know about setting up a prenuptial agreement in Oklahoma. Understanding Prenuptial Agreements A prenuptial agreement is a legal document signed by both parties before marriage that outlines the ownership of personal and financial assets in case the marriage ends… Read More

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In Oklahoma, Who Keeps The Engagement Ring In A Divorce?

Who keeps the engagement ring in a divorce is a common question a lot of separating couples will have. Navigating through a divorce in Oklahoma can be a complex process, especially when it comes to dividing assets and property. Thus, common questions that will arise are: Do I give the ring back? Are they allowed to keep the ring? The answers to these pressing questions and others are contained below. Equitable Distribution In Oklahoma law, divorce proceedings follow the rule of equitable distribution. This means that any… Read More

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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

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In Oklahoma Can I Keep a Car in Divorce if it’s Only in my Ex’s Name?

Whether or not you can keep a car in a divorce if it’s only in your ex-spouse’s name is a common question in divorce proceedings. Divorce often involves complex decisions about dividing property and assets, including vehicles. The answer depends on several factors, including Oklahoma law and the car’s classification as either marital or separate property. Understanding Marital vs. Separate Property Oklahoma is an equitable distribution state, meaning courts divide marital property in a way that is fair, though not necessarily equal. To determine whether you can… Read More

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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

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Can I Deny Visitation Because of Overnight Guests?

If you’re wanting to deny visitation because of overnight guests, the process can be complex but isn’t impossible. Visitation rights ensure that children maintain strong and healthy relationships with both parents, even after a paternity case, divorce or separation. However, disputes often arise when one parent is concerned about the other parent’s behavior during visitation, particularly regarding overnight guests. In Oklahoma, the answer depends on various factors, including the circumstances of the case and best interests of the child. Understanding Visitation Rights in Oklahoma In Oklahoma, the… Read More

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How Long Is A Protective Order Against An Abusive Partner in Oklahoma?

Understanding how long a protective order is good for can be crucial to safety. In Oklahoma, protective orders—also known as restraining orders—serve as a critical legal tool for individuals seeking to protect themselves from domestic abuse. These orders can provide a sense of security and necessary legal boundaries to safeguard victims. Types of Protective Orders in Oklahoma Oklahoma law provides several types of protective orders depending on the nature of the threat and the relationship between the parties involved. The three primary types are: Emergency Protective Orders… Read More

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How Do I Keep My Pets in a Divorce?

Pets in a divorce is important to many people going through this process. For many couples, pets are part of the family, and deciding who keeps them can be a deeply emotional issue. While owners often treat pets as family, the law generally considers them to be personal property. Although this may seem outlandish, it can make dividing them up more simple in comparison to children. Understanding how pet ownership is handled in an Oklahoma divorce can help you navigate this difficult situation. Pets as Property in… Read More

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