Wagoner Lawyer Blog 5 Posts Tagged 'Wagoner child custody attorneys'

  • 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.

  • 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 free consultation to discuss what they can do for you.

  • 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.

  • 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.

  • 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.