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    Divorce of Tulsa Law Office

    Child Custody

    sole custody in OklahomaDivorce can be traumatic for parents and children. As parents move toward a Tulsa, Oklahoma divorce, the children of that union have to be taken care of.

    It is the job of the court in Oklahoma to ensure that the best interests of the child are looked after when making custody decisions.

    Legal custody refers to the issue of who is making decisions regarding the child. Legal custody may also be either joint or sole.

    When ex-spouses are communicating well, joint legal custody can work, but when they are not, the court may award sole custody in Oklahoma to one of the parents. Fathers and mothers are equally capable of being awarded sole custody in Oklahoma.

    FAQ: Sole Custody in Oklahoma

    Custody refers much more than where a child lives. It also refers to the rights and duties of a parent to care for the child and make all the necessary decisions required to take care of the child.

    These decisions include those made regarding medicine, doctors, schools, activities, and the like. There are two basic types of custody: physical and legal.

    Physical custody refers to where a child lives. With joint physical custody, the parents continue to both provide a home for the child with time split between them. A child in this example may live with one parent one week and the other parent the following week.

    With sole custody in Oklahoma, the children live with the parent, often referred to as the custodial parent, subject to reasonable visitation on the part of the non-custodial parent.

    Factors In a Custody Determination In Oklahoma

    Courts will look at a number of factors in deciding whether to award joint custody or sole custody in Oklahoma. Often, if both spouses agree to joint custody, it will usually be awarded.

    When they disagree, the court may look at such factors as the relationship that the child has with each parent, the presence or absence of a prior history of domestic abuse, the stability of each parent’s work and home life, and the preferences of the child if the child is 12 years of age or older.

    Prior conviction of a crime may have an impact on the court’s decision as well. If a parent has been in and out of jail, the court may be less inclined to award custody.

    If a parent wrestles with addiction issues, the court is also less likely to award custody. Such issues can adversely affect the peace and stability of the home environment and may not be in the best interests of the child.

    Low-cost Initial Consultation: Tulsa Child Custody Attorney

    Your choice of a Tulsa divorce attorney is critical, especially regarding any issues about sole custody in Oklahoma. Before you retain our family law attorneys, you are invited to have a initial, confidential, no-obligation consultation to help you determine whether our family law services can meet your particular needs.

    For a initial consultation with a Tulsa child custody attorney about your concerns, call the Divorce Law Office of Tulsa today at 918-924-5526.

    child visitation schedule oklahomaAs much as we may not want to look at the issue of a child visitation schedule Oklahoma, it is an essential part of any Tulsa divorce involving children.

    The Tulsa family court, together with the separating parents, will craft a schedule to determine how much time each parent will spend time with their child.

    The aim of a child visitation schedule Oklahoma is to ensure continued regular contact with each parent.

    A Child Visitation Schedule Oklahoma Allows Shared Parenting

    The term “visitation” has come into some disfavor over time. It connotes a parent who is not fully involved in the raising of a child. As such, some parents like to refer to visitation as shared parenting time; some even refuse to call their parenting time visitation.

    Oklahoma has developed a set of guidelines regarding the development of parenting plans. (Okla. Stat. tit. 43, § 111.1A)

    In crafting a child visitation schedule Oklahoma, the court takes many variables into consideration, including: school schedules, summer vacation time, midweek and weekend time-sharing, contact with extended family members, parents’ work schedules, and any travel requirements associated with visitation.

    The goal is for the schedule to work in the best interests of the child, and the court prefers that parents mutually work together toward that goal. If the parents cannot do that, the court will impose a child visitation schedule Oklahoma.

    The goal is for the child to continue to have meaningful relationships not only with each parent but also with the extended family of each parent. Parents are encouraged to work together to allow children to attend family functions that include extended family. Therefore, the schedule must have some flexibility to adapt to important events and changes in the parents’ lives as both occur.

    The schedule may also need to be adjusted as children grow and their needs change. A child visitation schedule Oklahoma for a toddler may look somewhat different than a visitation schedule for a school-aged child or for a teenager.

    Your Child’s Age May Make a Difference

    The younger the child, the more need for frequency and consistency in visitation. Young children need to learn to trust multiple caregivers.

    If too much time goes by between visits, that bond can be interrupted. This may necessitate a child visitation schedule Oklahoma that allows the non-custodial parent to have more frequent visits rather than a schedule of alternating weeks with parents.

    As the child moves into schooling, it is more important that the visitation schedule work in conjunction with the school schedule. Most schedules will allow alternating weekend sharing between the parents. This can be done on a rotating basis, or by scheduling specific weekends for the parents.

    Most schedules do not specify a mid-week visitation at this age, but there are reasons to ask for a mid-week visit. It can be especially helpful for younger school-aged children to have a regular weekday visit that they can count on with the non-custodial parent. This can create some economic difficulties for the parents, so courts may not choose to order it.

    Low-cost, Confidential Child Custody Consultation

    For a low-cost consultation about negotiating a child visitation schedule Oklahoma or other family law matters, call the Divorce Law Office of Tulsa today at 918-924-5526.

    paternity test in OklahomaIn some cases, it may be necessary to have a man take a paternity test in Oklahoma before a child is born. There are many reasons for paternity testing in Tulsa.

    For example, sometimes single biological parents do not stay together through the child birthing process and beyond. Sometimes, a mother may not be sure who the father of her child is.

    In either event, it may be necessary for the birth mother to establish paternity in order to establish legal rights to support, custody, visitation, and the child’s legal last name.

    Establishing Paternity in the Tulsa Area

    We all know that it is important to establish paternity. But what is it and why is it important? Paternity can be defined as the quality or state of being a father.

    Although most often it is the mother seeking a paternity test in Oklahoma, sometimes it is the father or the child who seeks to establish paternity. With DNA testing, it is easier than ever to deal with the scientific portion of the process. But what about the legalities of the process?

    Oklahoma is one of the states that has a simple process in place, if the father is willing. In Tulsa, if the father is willing to sign an Acknowledgement of Paternity, that solves the issue. If the father is unwilling to sign the Acknowledgement, the process is more complicated.

    FAQ: Compelling a Paternity Test in Oklahoma

    A paternity action is a petition before the court to establish the biological father and to establish legal rights for all the parties involved. A request for DNA testing is usually a component of this action. In some ways, this kind of petition resembles a civil action.

    The mother is the complainant or petitioner before the court. She must arrange service of process of the petition upon the father.

    Once that is done, discovery can commence and a paternity test in Oklahoma can be ordered. Discovery is a process of exploring the facts and evidence that support the petition or that might support a defense to the petition, if the man served is actually not the father of the child.

    It is during this process that DNA testing usually occurs. All of this can be done before the child is born. (Okla. Stat. tit. 10 § 7700-611)

    Paternity rights will not be established, however, until after the child is born.

    Low-cost Initial Consultation: Tulsa Paternity Specialist Attorney

    For a low-cost consultation about establishing paternity for your child in the Tulsa area, call a Tulsa paternity determination attorney at the Divorce Law Office of Tulsa today at 918-924-5526.

    child custody in OklahomaThe Tulsa, Oklahoma legislature passed HR 2536 in 2014 in an effort to help families in crisis. Now codified as Okla. Stat. tit. 10 § 700-701, the statute allows a custodial parent to temporarily delegate child custody in Oklahoma to another person via an executed power of attorney.

    This allows a custodial parent a quick and inexpensive way to delegate or transfer child custody in Oklahoma without having to obtain a court order. Before this bill was enacted, the only way to temporarily transfer child custody in Oklahoma was through a costly guardianship proceeding.

    FAQ: Transferring Child Custody in Oklahoma

    For the family who finds themselves suddenly homeless, this can allow the parent to have their child cared for at a facility or by another trusted adult, often a grandparent, without the involvement of the foster care system and without being labeled as “unfit.”

    The Tulsa power of attorney may be effective for as little as 24 hours or for as long as one year. It allows the person to whom temporary custody is being transferred to do such routine tasks as to enroll a child in school, and to sign consent forms at school such as those needed to take class field trips. It also allows the person to consent to routine medical care for a child, with some limitations.

    There Are Some Limitations You Should Know About

    The effective time period of the transfer of child custody in Oklahoma is limited to one year. If the parent wants to extend the temporary custody transfer at the end of that year, the parent must execute a new power of attorney.

    Because this is a voluntary transfer, the maker may revoke the power of attorney at any time. This allows the parent to retain control.

    The power of attorney does not extend to consent to marriage, adoption, abortion, or to terminate the granting parent’s rights. These decisions rest solely with the parent and cannot be delegated through this process.

    Most important to the parent, the granting of the power of attorney does not deprive the parent of any legal authority regarding the care and custody of the minor child or constitute abandonment – unless the parent or legal custodian fails to make contact or execute a new power of attorney after the one year time limit has elapsed.

    Potential Issues in Transferring Child Custody

    It is unclear how this new law affects existing law regarding other issues regarding child custody in Oklahoma and visitation issues. For example, it is unclear how this new law affects existing custodial orders.

    Can the parent who seeks to transfer custody only grant the “amount” or quality of custody they hold to the third party? What happens to the child if the delegating parent passes away?

    What power does the temporary guardian have then and how does the temporary guardian then seek help? What happens if the temporary guardian is an abuser or has allowed the child to come to harm in some way?

    It will likely take the court system time to sort through these issues as they arise. In the meantime, the procedure provides a good alternative to costly judicial intervention when the need for a temporary change of custody arises.

    Low-cost Initial Consultation: Tulsa Child Custody Attorney

    For a low-cost consultation about any issue related to child custody in Oklahoma or another family law matter, call the Divorce of Tulsa Law Office today at 918-924-5526.

    paternity in OklahomaBringing a child into the world is a time of great changes for parents. Some of these changes may be joyous, others anxiety-provoking. Not having clear and legal lines of paternity can produce significant anxiety in either parent.

    A petition to establish paternity in Oklahoma is one way to resolve the issue of the identity of an unborn child’s father. The biological mother may bring such an action, but so may the biological father or the presumptive father (i.e.: the mother’s husband or partner.) In fact, once the child is born, the child may also petition the court to establish paternity in Oklahoma.

    There are many reasons why such a petition can and should be filed in Tulsa. And there are good reasons to do it prior to the birth of the child.

    Reasons to File a Petition Before Birth

    Issues of custody, support, visitation can all be ruled upon once paternity is established. Filing the petition provides a basis for the court to order DNA testing to establish who the father is. The paternity issue cannot however, be finalized until after the birth of the child. So why file before the child is born?

    People move. Memories fade over time. As part of the petition process, the parties can engage in discovery. Discovery is a process that allows the parties to delve into the facts and evidence that might support the claim. It allows not only DNA testing to be ordered, but also allow parties and witnesses to be deposed.

    A deposition is testimony taken in an informal setting, but it has the same force and effect as testimony given in a courtroom. This allows the parties to question each other. It also allows the parties to question others who might support the paternity claim or have a clear defense to the claim.

    Filing a paternity in Oklahoma claim also lays the groundwork for early resolution of custody, support, and visitation issues. These issues can be full of anxiety for new parents and filing early can alleviate this stress early, leaving time and emotional space to bond with the child once it is born.

    FAQ: Petition to Establish Paternity in Oklahoma

    In some ways, a petition to establish paternity in Oklahoma is like filing a Tulsa civil litigation action. The petitioner files a claim with the court and then serves the responding party with the papers. The responding party can then file responding papers, and the discovery process, including DNA testing, can begin. (Okla. Stat. tit. 10 § 7700-611)

    If the father is not available for testing, the biological mother may be able to have the court order testing of the father’s immediate relatives. Without their consent, you need a court order to obtain DNA testing of these relatives.

    Responding to the petition confers the court with personal jurisdiction over the respondent that it might not have in other circumstances. Thus, if the responding party has not lived in Oklahoma or had other dealings with the state sufficient to confer personal jurisdiction, responding to the petition will confer personal jurisdiction.

    Initial Consultation with a Tulsa Paternity Attorney

    This is a sensitive time. And it passes quickly. To preserve your rights and those of your unborn child, contact a family law attorney today. For a initial consultation with a Tulsa paternity lawyer, call the Divorce Law Office of Tulsa at 918-924-5526.

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