Wagoner Lawyer Blog
In Oklahoma, Does a Domestic Violence Conviction Make You an Unfit Parent?
Being deemed an unfit parent has ramifications affecting a parent’s ability to be with their children. When one parent is determined to be “unfit,” the other parent is usually granted custody of the child. An unfit parent is believed to create an unsafe living situation for a child.
Under Oklahoma law, custody, guardianship, or visitation will not be granted if doing so will likely expose the child to a foreseeable risk of material harm.
Oklahoma family law courts are required by law to consider evidence of domestic violence and abuse including allegations and convictions in custody, guardianship, and visitation cases.
A conviction within the past five years creates a rebuttable presumption that it is not in the best interests of the child for the convicted parent to have custody. Evidence can be introduced to rebut and overcome a presumption.
Supervised visitation is always an option and one you should pursue while handling the ramifications of a conviction. Try to always have continuing contact with your child. It is important to everyone. It also shows the court that you are willing to continue to pursue all avenues available to you.
Before you agree to any plea deal, make sure you understand the possible ramifications. If you have already been convicted, there may still be things you can do. An experienced Wagoner child custody attorney can give you advice tailored to your specific situation. Read more »How Can I Block Visitation If I Suspect Child Abuse or Neglect?
Suspecting that your child is being abused or neglected by your ex can be one of the most stressful things that a parent can face. During a divorce and for some time after, emotions are raw and tender. We need to know and believe that our children are safe with our ex during visitation.
But if you begin to suspect that your child is actively being abused, neglected, or placed at risk, there are things you can and should do as a parent, including asking the court to block visitation.
A parent who suspects that their child is at risk with their ex must file a motion with the court. Visitation may be blocked if the parent, acting reasonably and in good faith, believes that the child is at risk or is actively being harmed by the other parent. The belief must be supported by fact.
Your Wagoner family law attorney can make sure that the motion is clear and concise, accurate, and contains the necessary supporting documentation. Get the help you need to protect your child. Read more »What To Do When You Are Paying Child Support but Not Allowed Visitation
You may find yourself in a situation in which you are paying child support but not allowed visitation. These two issues can seem like a single issue to the parent paying support. Emotionally, it is difficult to pay support for a child that you long to see but cannot.
But legally, child support and visitation are separate issues. There are things you can do if you are paying child support but not allowed visitation. It helps to understand what the issues are and what you want out of a situation. In all cases, it is helpful to get the help of a Wagoner family law attorney in solving the problem.
The first thing you want to do is enforce any court orders already in place regarding visitation.
If you already have a visitation order issued by the court, you can seek a contempt citation. This is a quasi-criminal proceeding.
If you have no orders in place to establish your visitation rights, you will need to get court orders in place. So, if your child was born out of wedlock, you will need to establish paternity and then ask the court for visitation rights. These are two separate proceedings before the court.
Wirth Law Office – Wagoner offers its clients the best possible child custody and visitation representation in the Wagoner, Oklahoma area at reasonable rates. If you or someone you know is involved in a child custody issue or visitation dispute in the Wagoner, Oklahoma area, the Wagoner child custody attorneys at Wirth Law Office -Wagoner invite you to schedule a initial consultation to discuss what they can do for you. Read more »In Wagoner County, When Do Women Have to Pay Child Support?
Just like there are times men must pay child support, there are times that women pay child support, as well. Child support payments are based not on gender but on relative income and how much time the parent spends with the child. The amount of time spent with the child is based on whether the parents have joint custody or whether one parent is the custodial parent and the other parent has visitation rights.
A family law attorney from Wirth Law Office – Wagoner can help you understand your specific circumstances and how they could affect child support.
Oklahoma looks to the total number of overnights that a child spends with a parent in terms of deciding child support. Because the child is with the father most of the time, he is likely spending more on the child. As such, the mother would owe child support.
Child support can be a complicated issue with numerous factors that a court may consider. It is also an obligation that will be with you until a child is at least 18 years old. Bring your questions and concerns to an experienced Wagoner child support attorney today. Read more »Can Wagoner County Courts Award Alimony to Men?
In Oklahoma, spousal support or alimony is determined by the judge without reference to a set calculator or guidelines. Instead, judges have wide discretion in terms of awarding spousal support to both men and women as part of a divorce. Here is what you need to know about alimony given to men in Oklahoma.
There are two basic criteria for alimony in Oklahoma. The spouse requesting it must demonstrate a need for it, and the other spouse must have the ability to pay it. Alimony can be temporary, rehabilitative, or permanent, depending on need and ability to pay.
A Wagoner family law attorney from Wirth Law Office can help you determine if your specific circumstances may make you eligible for alimony from your ex-wife. Read more »Scheduled for Child Custody Mediation in Wagoner County? Be Prepared
Getting ready for child custody mediation involves preparing your case in much the same way as you would for trial. You must know all the issues involved on both sides and all the evidence that supports and refutes those issues. You must be ready to address all the issues clearly and concisely. Every case has strengths and weaknesses. You should know the strengths and weaknesses of your case and those of your ex's case.
Knowing what you can and cannot compromise on is a fundamental part of mediation, and it is important to know where those lines are. Otherwise, you will have a very difficult time coming to a settlement that you can live with. Discuss this fully with your Wagoner attorney before the mediation. Read more »Can I Prepay My Wagoner County Child Support?
You have cash now and worry about whether you will have it in the future, so you think it might be a good idea to prepay your child support. That way, it is done and you will be off the hook for a bit. You would think this was a good idea. But there are reasons not to prepay child support. Here are some things for you to think about before you prepay child support. You can also bring your questions to a skilled family law attorney at Wirth Law Office – Wagoner. Read more »Why is There No Upper Limit to Wagoner County Child Support?
In Oklahoma, child support guidelines top out at $15,000 a month in parental income for each parent. But that does not mean that child support is capped at that amount.
The judge doesn’t seek so much to make the incomes similar between the two parents as to minimize the impact of the disparity on the child. This can help a child feel more secure after a breakup.
For parental incomes above $15,000 monthly for each parent, a separate hearing will have to take place. The court will hear evidence and testimony regarding income and proposed child support. As long as income keeps rising, child support payments most likely will as well.
Understanding the needs of the child can go a long way to understanding the lack of a cap on support. In all cases, the support is meant to benefit the child, not the ex-spouse. If you have questions or concerns about this issue, bring them to an experienced Wagoner child support attorney. Read more »Where Do I File My Divorce if I Live in Wagoner County?
Filing for divorce in Oklahoma requires filing a Petition for Divorce and Dissolution of Marriage. The person who actually files the divorce petition has some choices about when and where to file for divorce. That can be an advantage. Choosing jurisdiction means that you can often file where it is easiest for you. A family law attorney from Wirth Law Office – Wagoner can help you with any questions you have. Read more »Understanding the Wagoner County Legal Separation Petition
Understanding what a legal separation is and what it does can help a couple decide which is better for their particular circumstances. Learn more here about a legal separation petition and what it entails. You can also talk to an experienced family law attorney at Wirth Law Office – Wagoner.
There are times when a couple should seek a separation rather than a divorce. Some couples just need breathing room and some time apart before working on the relationship again. Other couples may have concrete financial reasons to stay legally married.
In order for a petition for legal separation to be granted, all issues regarding the division of property and debts, all child and spousal support, and all issues regarding custody and visitation must be agreed upon. The spouses must enter into an agreement with regard to all of these issues. Read more »What Is a Legal Separation In Wagoner County?
Legal separations and divorces are different. They have different outcomes, although the processes for both are similar. A legal separation is sometimes called a separate maintenance action. Understanding what a legal separation is and how it functions can help you determine if it is right for you.
The major issues must all be resolved and the couple must come to a written agreement on these issues. The agreement becomes part of the court order once the judge has approved the agreement. That means that if the couple later decides to divorce, most of the work will already have been done in terms of coming to a resolution.
An experienced Wagoner family law attorney can help you decide which is right for you. Bring your questions and concerns to your Wirth Law Office attorney today. Read more »What You Need to Know About Qualified Domestic Relations Orders
You may have heard the term QDRO without really understanding what it stands for or what it means. QDRO is an acronym for Qualified Domestic Relations Order. QDROs are a tool used in divorce cases that involve retirement and pension plan division between divorcing spouses.
Qualified Domestic Relations Orders are highly technical. If you have questions about a QDRO and whether that is applicable in your case, bring your questions and concerns to an experienced Wagoner divorce attorney. We are here to help.
Read more »How Do Wagoner County Courts Divide Property in a Divorce?
The division of property is one of the most contentious issues a couple must resolve in a divorce. Throughout a marriage of any real duration, a couple can amass a surprising amount of property.
For the most part, that property belongs to the couple jointly. A divorce petition asks for several things, including for the court to divide property that belongs to the couple jointly.
In achieving equity between the spouses, judges look at several factors. They will look at the contributions made by the partners to the marriage. But courts will also look at what each partner needs to move on.
A skilled divorce attorney at Wirth Law Office – Wagoner can help you understand how property is divided and how you can fight for what you want to keep. Read more »Wagoner County Divorce: What is Marital Property?
Marital property is the term usually used to indicate property acquired by a couple during their marriage. Most often this refers to tangible items such as the family home or other physical belongings. But it can also refer to intangibles as well, such as the “goodwill” of a business owned jointly by a couple. All marital property must be divided between the spouses during the divorce.
If you have questions about marital property in Oklahoma, please bring them to an experienced Wagoner divorce attorney. Your attorney can help you understand the issue and how your actions may have colored the characterization of any separate property that you may have. Read more »Wagoner County Divorce: What is Separate Property?
How property is characterized at the time of a divorce makes a big difference in terms of how that property is treated during the divorce. In Oklahoma, property can either be marital or separate property during a divorce.
Marital property is everything that a couple has acquired during their marriage. This includes tangible items such as cash, investments, homes, cars, furniture, and the like. But it can also include some intangibles such as the goodwill that a business owned by the couple has generated over the years.
Separate property is everything else. However, most property that you own as a married person is marital, not separate.
Transmutation is the changing of how property is characterized under Oklahoma law. It is a legal construct. It allows property to be converted from one type to another.
If you have questions about your particular circumstances, bring them to an experienced Wagoner divorce attorney. Your attorney can help you understand your situation and what options may be available to you. Read more »How Long Do We Have to Wait to Get Divorced in Wagoner County?
It is possible for some couples to get a divorce in Oklahoma in some instances in as little as 10 days after filing their paperwork. These quick divorces are only possible if the couple has no children and if they are able to agree on all of the issues that must be resolved.
Oklahoma law requires a 90-day waiting period for couples with minor children. If you can't wait to get divorced, you can request that the court waive the 90-day waiting period. A court may waive the waiting period under two conditions. When either of these conditions is met, the court may have good cause to waive the waiting period.
If you want to understand your specific situation better, get the help of an experienced Wagoner divorce attorney. Read more »Wagoner County Family Law: What Are the Grounds for Divorce?
Oklahoma has followed the trend that most states have taken in instituting a no-fault system for divorces within the state. Before, all divorces had to allege and prove a recognized legal fault as the grounds for divorce.
This meant that spouses seeking divorce had to allege that the other spouse had done something wrong. Making couples allege and prove fault such as adultery made an already difficult situation much worse. Now, you no longer have to allege fault. Instead, you can allege “irreconcilable differences” or “irreconcilable incompatibility” as the grounds for divorce.
The at-fault grounds are still on the books in Oklahoma and can be used as the grounds for divorce (Okla. Stat. tit. 43 § 101). They can be alleged in either the petition or the responsive pleading by the other spouse.
Before alleging fault, you should know that you will need to prove the allegation you are making. That means introducing witnesses and other evidence. That also usually means a trial, and that is expensive.
Most of the time, it is better to allege irreconcilable differences and get the divorce done quickly and easily. It is better for your wallet and your peace of mind. Your Wagoner divorce attorney can help you understand what might be best for you and your circumstances. Read more »How Can I Transfer a Family Law Case To or From Wagoner County?
Sometimes, the venue chosen for your divorce may prove inconvenient. Either spouse can choose the court and county for a divorce proceeding. Sometimes what is convenient for one spouse is inconvenient for the other. Oklahoma law provides a remedy for that. In some cases, it is possible to transfer a family law case to or from another county. Here is what you need to know.
Generally speaking, an action for divorce must be filed in the county that one spouse has been a resident of for at least the last 30 days immediately preceding the filing of the petition (Okla. Stat. tit. 43 § 103). If the action is for a legal separation, there is no specific time limit for residency, but the petition must be filed in the county in which one of the spouses lives.
You can ask the court for a transfer to another county if the court determines that it is an inconvenient forum under the circumstances, and the court in another county is a more appropriate forum consistent with the factors enumerated under the Oklahoma statute regarding inconvenient forums.
In making its determination, the court wants to ensure that transferring the matter will make it more convenient and easier to resolve the issues between the parties. Often, this means that witnesses and evidence are located in the other county.
This can happen if all parties lived in the other county until recently. In that case, producing witnesses and evidence would be easier in the other county. In that case, a court may well grant a motion to transfer the venue.
If you are considering such a motion, bring your questions and concerns to an experienced Wagoner family law attorney as soon as possible. Your attorney can help you understand what options may be best for you and your circumstances. Read more »When Are Wagoner County Family Law Cases Public Record?
Family law cases in Oklahoma are considered civil matters. While criminal cases enjoy a certain degree of privacy protection in sensitive matters, very few family law cases are sealed. Most family law cases are a matter of public record.
That means the public can access most anything that is filed in a family law case. It also means that anything that is transcribed during a hearing or trial will be part of the record. The most acrimonious allegations, evidence, and testimony will likely be available to anyone who wants to see it.
Oklahoma law does provide limited privacy protection for some cases. In these cases, the records are sealed. There is usually a public policy reason for these exceptions. Privacy protections are extended in these more sensitive cases.
There are some sensitive matters that a court will protect during a family law case if requested. Things such as social security numbers, birthdays, and other sensitive information will be redacted from the record. You must request that the court seals that information in order for the court to do so.
These matters can be handled carefully and expertly. Get experience on your side with Wirth Law Office – Wagoner. Read more »What Is the Waiting Period to Remarry After a Wagoner County Divorce?
You are at the end of your divorce. If you are involved in another relationship, the question of when you can remarry after your divorce is an important one. Knowing the answer can save you a lot of grief later. Like all states, Oklahoma has laws governing not only divorce but also the waiting period to remarry after a divorce.
In Oklahoma, you must wait at least six months to remarry after your divorce decree is made final. The law also prohibits cohabitation for six months after divorce (Okla. Stat. tit. 43 § 123). This means that you cannot live with another person romantically during the six-month period.
Remarrying before the expiration of the waiting period is a direct violation of the bigamy statute.
Bigamy is a felony count in Oklahoma. If convicted of bigamy, you could spend up to five years in prison (Okla. Stat. tit. 21 § 883).
Before proceeding with a marriage or cohabitation after a divorce, seek the counsel of an experienced Wagoner family law attorney. Your attorney can help you understand how the law affects your particular situation.
If you violate the waiting period to cohabitate, you could be charged with the felony of adultery. You could spend up to five years in jail and/or owe up to $500 in fines. Read more »Wagoner County Family Law: Do I Have to Let the Dad See the Child?
Visitation between the father of your child and your child can be a thorny issue when the relationship between the parents goes awry. The question of whether you have to let the dad see the child depends in large part on your particular circumstances. Generally, the answer lies in whether the father has enforceable rights. This depends on whether there is a court order in place.
Generally speaking, if there is a court order in place for visitation, you have a duty to abide by that order. That means that you must let the dad see the child. There is a caveat to this general rule, however, and it is a big one. You must abide by the court’s order unless the visitation puts the child at immediate risk of irreparable harm. In that case, you have a duty to protect your child.
These are highly sensitive issues. Before you make any decisions, you should seek counsel with an experienced Wagoner child custody attorney. Each situation is unique and you need to know how the law will affect your particular situation. Read more »In Wagoner County, How Can I Get Full Custody of My Child?
Custody can be full or joint. In joint custody cases, both parents take equal responsibility for their child. In full custody cases, one parent takes on much more responsibility for the child. Full custody can include physical and legal aspects.
Physical aspects revolve around where the child lives and with whom. Legal aspects revolve around who makes major decisions regarding the child. These include medical and educational decisions.
You must ask the court for full custody in either the petition or response to the petition. Most of the time, when one parent asks for full custody, a battle ensues.
This whole process can seem overwhelming if you try to handle this on your own. It is better to have legal help. An experienced child custody attorney can help guide you, draft court documents, and help the judge understand your position clearly. Read more »How to Look Up Wagoner Family Law Cases
Like many things these days, many courts have records available online. While not all records are available, many family law court records can be found online. You just need to know where to look.
For older Wagoner family law cases or cases from smaller counties, you may either need to go to the county or have someone get those records for you. In Wagoner, two different systems are available to search for records online. They are OSCN (Oklahoma State Courts Network) and ODCR (On Demand Court Records).
Once you get the documents you need, you may have questions regarding the contents of those documents. Bring your questions and concerns to an experienced Wagoner family law attorney. Read more »How To Win Back Child Custody In Wagoner County
It is possible to win back custody. It requires a substantial and permanent change in circumstances. Learn more about that in this article. Read more »An Overview Of Child Support In Wagoner County
Oklahoma uses child support guidelines in determining support amounts. There are adjustments and deviations that are possible. Learn more here. Read more »
