Oklahoma divorce information

Domestic violence is always a consideration in a child custody decision, especially if the victim was the child of the parent or partner of the offender. The presence of any violence in the home questions whether it is in the child’s best interest to reside in that home, as indicated in Oklahoma law Title 43 §112.2. 

Domestic Violence Presumption

Under the above referenced statute, a presumption has been established in Oklahoma stating that an abuser’s behavior and future behavior is harmful to the child at issue in the child custody case.

This is also a major issue that your child custody attorney will emphasize to the judge as well. Past and current behavior can be indicative of future behavior.

Challenging the Presumption

Once the presumption is established, the accused parent has the right to rebut the presumption. The opposing child custody attorney has the right to present evidence that shows what the parent has done to change the domestic violence pattern and that your child is no longer at risk in that parent’s care.

The examples of the type of evidence the accused parent may present includes:

• Anger management course completion
• Batterer’s treatment course completion
• Negative results from random or scheduled drug and alcohol tests
• Completing a drug or alcohol rehabilitation program
• Parenting education course completion
• Mental health counseling or therapy
• Participation in Narcotics Anonymous or Alcoholics Anonymous

Moral Presumption

In addition to a legal presumption, a court can find a moral presumption. This basically means that if a parent has a history or pattern of domestic violence, then ethically, the abuser should not be the primary caregiver.

Courts take domestic violence very seriously, and a court typically grants visitation or supervised visitation to the abusive parent, even if the violence was not directed at the child. Judges are cautious to award custody to abusive parents because often children that witness abuse grow up to abuse others themselves.

Current Abusive Environment

Another situation that can arise is when a victim of domestic abuse divorces her abuser and is given custody of their children, only to move into a new partner’s house and become a victim of the new partner.

If your ex-spouse becomes aware that you are living in an environment where you allow your children to be around violent behavior, they could petition for custody through the court; the basis being that the parent is unable to adequately protect their children from the violence.

Adequately Defend Yourself

Hiring a child custody attorney that is experienced in domestic violence cases is essential if you are defending a domestic violence accusation or history, or you or your children are the victims of domestic violence.

If there is a history of domestic violence, this will definitely be an issue in your child custody hearing, make sure you hire a child custody attorney as soon as possible. This allows proper preparation to either rebut the domestic violence presumption in your case, or gives your child custody attorney plenty of time to collect evidence proving the pattern and history of domestic violence.

Initial Consultation with a Tulsa Child Custody Attorney

Having a child custody attorney that is skilled in domestic violence cases will help you gather the correct documents, emphasize points that judges are likely to consider when ruling on a child custody case involving domestic violence, and walk you through step-by-step of the process.

Hiring an experienced child custody attorney will ensure the process is expertly conducted and your interests are well represented.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.

For a low-cost confidential consultation, call now: 918-924-5526.

Child support can get tricky when one parent moves out of state before filing for divorce or custody or during the divorce or custody process. This situation can result in multiple child support orders in different states that result in consequences if both child support orders are not followed. 

If your spouse moved out of state and both of you have filed for child support or custody it is important to hire a child support attorney to ensure the process is followed correctly.

Hanger v. Hanger

Hanger is a great case to illustrate how multiple child support orders mistakenly get filed and how a court will typically handle correcting the mistake.

In this case, both parents lived in Oklahoma during their marriage. However when the couple separated, the mother moved from Oklahoma to Minnesota. After living in Minnesota for several months, the mother filed for divorce claiming she had been a resident for six months, the number of months required to establish residency and file for divorce.

Six days before the mother filed for divorce, the father filed for divorce in Oklahoma. In his divorce petition he stated that Oklahoma was the residency of the mother because she had only lived in Minnesota for five months.

However, the mother served the father before he could serve her, and the Minnesota court stated that the children had lived in Minnesota for six months at the time the divorce petition was filed.

The Minnesota Court’s child support order ended up being $500 more than the Oklahoma child support order. The Oklahoma Court stated that the child support order should be based on the supporting spouse’s home state, not the children’s.

On appeal the Oklahoma Appellate Court deferred to Minnesota, stating that state had jurisdiction over the issue based on the Uniform Interstate Family Act.

Uniform Interstate Family Support Act

The Uniform Interstate Family Act (UIFSA)  has been adopted by all 50 states in the U.S. and helps to reconcile competing child support orders. Section 204 of the UIFSA directs courts on how to resolve multiple state issued orders.

The Oklahoma Appellate Court stated the following when it applied the UIFSA to the facts of the Hanger case:

• The mother filed the divorce case, specifically asking for child support before any other case was established.
• The father did not specifically request child support in the petition for divorce in Oklahoma.
• The mother filed a timely appeal, while the father never appealed the Minnesota order.
• The children’s home state is Minnesota.

The UIFSA prefers the home state of the children when determining an initial child support order. This preference is directly in line when determining jurisdiction for two other orders during a divorce proceeding: the Uniform Custody Jurisdiction and Enforcement Act and the federal Parental Kidnapping Prevention Act.

If the children do not have a home state as determined by the courts, then the first parent to files controls the jurisdiction according to the UIFSA.

Modification Application

The actual process begins with your divorce attorney applying for a modification to consolidate the support orders into one state.

The requirements for modification of child support can be found here, however your divorce attorney is your best resource.

Initial Consultation with a Tulsa Divorce Attorney

Hiring a family divorce attorney when filing a child support modification action will ensure the process is expertly conducted and your interests are well represented.

A family divorce attorney is the best resource when multiple child support orders have been granted and you need to determine which order is valid.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child support modification process.

For a low-cost confidential consultation, call now: 918-924-5526.

In Oklahoma, there are several steps required to file a protective order. Retaining a skilled family law attorney and collecting your evidence will make the process of filing a protective order much easier. 

Requirements to File a Protective Order

The Process to File a Protective Order

Evidence to File a Protective Order

• The two most recent incidents of abuse or harassment.
• The two worst abuse or harassment incidents.
• If the opposing party has any weapons, especially firearms
• If the opposing party has ever threatened to physically hurt or kill you

• A witness list of anyone who has ever seen the abuse or harassment (e.g. a doctor, nurse, friends, family members, law enforcement officer, or your child) and what these witnesses might say if asked about the abuse
• Any pictures that you took of the abuse and any pictures you took of the scene after the abuse occurred (e.g. a disheveled living room, turned over table, etc.)
• Police reports
• Any transcripts or recordings of 911 calls, these recordings are usually erased after a certain amount of time (sometimes a week or a month) – it is important to retrieve them as soon as possible
• Certified copy of opposing party’s criminal record, your family law attorney can also assist you in obtaining this

Moving can always be a challenge when a child custody order is in place. Regardless of whether the other parent agrees or not, there is still a process that must be done in order to accomplish the move and continue current or modified custody arrangements.

Although the process is typically easier if the other parent agrees with the relocation request or you already included provisions for relocation in your child custody agreement.

Reasons for Relocation

One of the factors a judge looks at when granting a relocation request is the parent’s reasoning for needing to relocate. The request must be in good faith. Moving or requesting a relocation cannot be to interfere with the other parent’s relationship or custody time.

Some common reasons for relocation include:

• Marriage to a new step-parent
• Employment offer
• Caring for a sick or injured immediate family member
• Moving in with family members due to loss of employment
• Cost of living

Provide Notice

As with most proceedings, you must provide notice to the other parent that you are intending to move 75 or more miles away. If you are moving within 75 miles of your previous residence you do not need to follow the relocation procedure.  You still need to notify the other parent of the new address within a certain amount of time that you both agreed on in your custody agreement or custody order.

In the notice, you must include several required items of information. This includes a:

• new address,
• new mailing address if different from the new home address,
• new home telephone number,
• date of proposed relocation,
• brief statement of reason for the relocation, and
• proposed new parenting schedule.

This notice must be served to the other parent 60 days before the proposed move, or if this is not possible, within 10 days of knowledge of the need to relocate.

Opposition

It is definitely helpful to have both parents on the same page when it pertains to parenting and custody arrangements, however this is not always the case. The other parent does have the right to oppose the move and seek additional custody time if the move is not approved by the court.

For example, if you move to Texas to live with a boyfriend that you met a few months ago and the other parent stays in Oklahoma, a judge may not see that as a good reason to change the custody schedule. Instead, the judge may grant more custody time to the other parent to ensure consistency with school, activities, social events, and relationships with friends and relatives.

Within 30 days, the parent opposing the relocation needs to file an objection. Then a hearing is scheduled to determine whether the move is in the best interest of your children and if the move is meant to interfere with the other parent’s visitation rights.

The court will consider several variables including child’s ties to the community, education, and support system in the current home environment. Another consideration is how the move will positively or negatively affect the child-parent relationship with the non-moving parent.

Initial Consultation with a Tulsa Child Custody Attorney

Having a child custody attorney that is skilled in relocation cases will help you gather the correct information that a judge needs to make a relocation decision. If you are seeking relocation and have the other parent’s agreement, it is still best to consult with a child custody attorney.

Moving can be an emotional event. A parent can change their mind once they realize the gravity of the move, the new custody arrangement, or the possible strain it may put on the child-parent relationship.

Similarly, if you are opposing a relocation request, hiring a skilled child custody attorney is essential to successfully challenge the relocation. Hiring an experienced child custody attorney will ensure the process is expertly conducted and your interests are well represented.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.

For a low-cost confidential consultation, call now: 918-924-5526.

The bond between a grandparent and a grandchild can be immensely strong. The thought of their grandchild not having the best life possible can be unthinkable. There are certain situations where the grandparents think it is in the child’s best interest to live with them and be awarded visitation, joint custody or sole custody. 

We review the requirements that must be met for grandparents to ask their child custody attorney to petition for child custody and how Oklahoma judges consider the child’s best interest when awarding child custody to the grandparents.

Not Automatic

First, your child custody attorney will tell you that grandparent rights are not automatic. There are four circumstances that allow the grandparents to file for child custody and be heard before a judge.

These include the following:

• The grandchild is not living in an intact nuclear family.
• Visitation is in the best interest of the child.
• Parents of the grandchild are unfit.
• If visitation is not granted, the child would suffer harm as a result.

Each circumstance is interpreted a certain way and explained at length in Oklahoma statutes Title 43 § 109.4.

Nuclear Family

Divorce

The Oklahoma statute states that a nuclear family is two parents married and living under the same roof as the child. This is disrupted when a divorce, alimony, or annulment action is pending.

The grandparent must show that the relationship with their grandchild predates the above proceedings. However, if the parents are already divorced, even if there is a new step-parent, the grandparent does not have to show a pre-existing relationship prior to the divorce action.

Death

The nuclear family is also disrupted when one of the child’s parents dies. However, the parent who died must have been a child of the grandparent that is bringing forth the action. For example, the maternal grandmother can only bring an action if the mother of the child dies. Similarly, if the paternal parent dies, then the paternal grandparent may bring an action.

Residence

Another disruption of the nuclear family is when the child does not physically reside with the parents or if someone else has been given legal custody of the child.

The reason the child is not living with one or both parents can be caused by incarceration, one parent deserting the other parent and child, or parental rights have been terminated (this is typical when a new step-parent is present).

Best Interest Considerations

Once a grandparent meets the requirements to file for child custody, they must show that it is in the best interest of their grandchild to grant them custody.

The following considerations are made by the judge when determining custody:

• Child’s preference
• Importance of continuing grandparent relationship to the child
• Willingness of the grandparent to encourage a relationship with the child’s parents
• Nature of grandparent-grandchild relationship, for example: affection, emotional ties, care, duration of relationship, and quality of relationship
• Motivation of grandparents in asking for custody and the motivation of the parents in opposing custody
• Mental and physical health of both parties
• Character and behavior of other people that live with or frequently visit bother the grandparent’s and parent’s home
• How disruptive the change in custody or visitation might be

Parental Inadequacy

There are four circumstances where a parent may be found to be inadequate or unfit to be a parent. These situations are outlined below:

• Alcohol or drug dependency without treatment or unsuccessful treatment
• Violent behavior in the home or a history of domestic abuse
• Mental illness that impairs judgment, affects perception of reality, or inability to control their behavior
• Inability to properly care for their child that has caused actual harm to the child, including parental indifference that could put the child in risking situations.

Potential Harm

If the grandparent’s child custody attorney cannot prove the parents are unfit, or that there has been a disruption in the family unit, they might also claim the child will suffer actual or potential harm from custody to the grandparents being denied.

Your child custody attorney must show clear and convincing evidence that without the grandparent’s intervention – in the form of visitation or custody – the child would suffer actual or potential harm. In addition, your child custody attorney must also prove that the parents are not acting in the best interest of their child.

This is a high standard of proof that your child custody attorney must meet. It is important to work with an attorney who knows what courts expect with regard to proof. In most cases, a local attorney familiar with the local family court judges’ approach to settling custody disputes offers insight mere understanding of written statutes and case law may not offer.

Initial Consultation with a Tulsa Child Custody Attorney

Hiring a family child custody attorney when filing a child custody modification for grandparent custody or visitation will ensure the process is expertly conducted and your interests are well represented.

A child custody attorney is the best resource when a you must show that it is in your grandchild’s best interest to have visitation or have the grandparent be awarded custody.

Contact an experienced Tulsa child custody attorney when you need to go through the Oklahoma grandparent child custody process.

For a low-cost confidential consultation, call Divorce of Tulsa Law Office at: 918-924-5526.