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Family Law

Family law touches on some of the most personal and sensitive parts of life, including marriage, divorce, child custody, and support issues. Understanding your rights and obligations under Oklahoma law can feel overwhelming, but it is essential to protect your future and your loved ones. Whether you are facing a paternity case or navigating a divorce, having a knowledgeable Tulsa family law attorney can make a significant difference in the outcome of your case.

Wirth Law Office provides experienced guidance through the complexities of family law matters to help clients make informed decisions. From custody disputes to support modifications, the firm is committed to supporting your legal needs with professionalism and care. If you need legal help, call Wirth Law Office at (918) 879-1681 to speak with a trusted Tulsa attorney who understands the stakes involved in family law cases.

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  • What if Your Ex Uses False Allegations of Child Abuse to Get a Protective Order and Custody?

    Tulsa AttorneyExperiencing false allegations of child abuse from your ex can be a devastating and stressful situation, especially when it's used as a tactic to gain a protective order or custody. Charles Attorney James Worth sheds light on the consequences for the other parent in family law court. Winning your case and proving the allegations false should be the primary focus, but there are potential punitive measures such as attorney's fees and perjury charges. It's crucial to gather evidence and seek legal advice early on to navigate through this complex and sensitive situation. Don't hesitate to reach out to an attorney for guidance and support. Read more »

  • NEW LAW Creates Rebuttable Presumption for Child Abusers Not to Get Custody (SB 901).

    Tulsa AttorneyNew law creates a rebuttable presumption for child abusers not to get custody. Attorney James Wirth breaks down Senate Bill 901, set to take effect in November 2024, which adds child abuse to the list of triggers for custody denial. While the court already had discretion to rule in the best interest of the child, the new law widens the definition of child abuse to include emotional harm and neglect. Wirth cautions that these broader definitions could impact more cases than expected and urges those facing custody battles to seek legal advice to ensure a fair outcome. For confidential legal assistance, schedule an appointment at MakeLawEasy.com. Read more »

  • Everything is Child Abuse under Oklahoma Law (10A O.S. 1-1-105).

    Tulsa AttorneyChild abuse is a serious issue that is defined in a wide-ranging manner under Oklahoma law. As Tulsa attorney James Wirth explains, the definition of abuse includes not only harm but also threatened harm to a child's health, safety, or welfare. This definition encompasses non-accidental physical or mental injuries, neglect, abandonment, and exposure to illegal activities. The statute is broad and leaves room for interpretation, making it important for parents involved in custody battles to understand how it could be used against them. To navigate the complexities of child abuse laws in Oklahoma, it's crucial to seek the guidance of an experienced attorney like James Wirth. Read more »

  • Confidentiality in Adoptions and Guardianships

    Tulsa AttorneyAre you in the middle of a guardianship or adoption case and are not sure about what, if anything, you should say about the case while it's ongoing? My name is Karl Burkhead. I'm a family attorney in Tulsa and I'd like to give you some information on that. This advice is actually really good and helpful for any type of case, but I'm focusing specifically on guardianships and adoptions because those are what we call closed proceedings. What that means is that there's no record available to the public. If you're in the middle of a guardianship case and Bob from down the street wanted to go take a look at what had been filed, he couldn't go to the courthouse and get access to those records, even if he had the case number. That information is only made available to the court, to the attorneys, and to the parties. What should you do in this situation? The best thing for you to do is stay off social media and limit who you discuss the case with. I had a case a while back where my client's, I think it was his mother-in-law, was trying to get guardianship over the kids and had gone on Facebook and made a bunch of posts about a couple conversations she had with her lawyer about their case strategy and about how he was going to do this, that, and the other and how she was going to try to pull this trick or that trick or whatever. My client found them because she put them on her public profile, brought them to me, absolutely tanked the other side's case. As a flip, I had a case years and years ago where I was trying to get guardianship from my clients and only to find out on the day of trial that they had been posting on a GoFundMe page about the case. Not just a, hey, we're trying to get a guardianship, we'd really like some help. No, they posted details, photographs, specific allegations, everything that is not supposed to be made public record was put on display on the internet. The best advice that I can give is the simplest advice that anyone can give. If you're unsure, just go ahead and stay silent, stay off social media, only discuss the case with your attorney. If you have any questions about this or if you'd like to discuss an ongoing matter with us, my name's Karl Burkett, I'm with Worth Law Office, and you can find us at MakeLawEasy.com. Thanks. Read more »

  • Domestic Violence in Child Custody Cases

    Tulsa AttorneyAre you in a child custody case where you believe that domestic violence might be a factor? My name is Carl Birkhead, a family attorney in Tulsa, Oklahoma, and I'd like to discuss how domestic violence impacts child custody cases. While physical abuse is more easily proven, mental, emotional, and financial abuse are equally harmful and important to address. It all comes down to what's in the best interest of the child. If you suspect abuse, seek help from professionals and gather evidence to support your case. Contact us at MakeLawEasy.com for assistance. Let's work together to protect your children and ensure their safety. Read more »

  • I Requested a Visitation & Child Support Modification in 2022 & Was Told There is No Timetable

    Tulsa AttorneyIn this excerpt, Tulsa Attorney James Worth addresses a common question about visitation and child support modification. He explains the importance of formally filing a motion to modify child support, rather than just making a request to DHS, in order to start the timeline for the modification process. Worth emphasizes the need for proactive action by the requesting party to push the case forward, as courts and opposing parties may not prioritize family law cases. By filing an application for a scheduling conference and proposing a scheduling order, individuals can set deadlines and move the case towards resolution. Ultimately, Worth advises seeking legal guidance to navigate the modification process effectively. Read more »

  • Elements of Common Law Marriage

    Tulsa AttorneyAre you unsure whether you are common-law married? My name is Carl Burkett, an attorney in Tulsa, Oklahoma. Let's go over the elements of common-law marriage and how to prove or disprove one. The big test is whether there was a meeting of the minds, where both sides held themselves out as married. If friends, family, or co-workers can attest to this, it strengthens your case. However, if infidelity or a lack of recognition as a married couple is present, it may disprove a common-law marriage. It can be a complex situation, but worth investigating. If you have questions, reach out to us at makelaweasycalm. Read more »

  • Substance Abuse in Custody Cases

    Tulsa AttorneyAre you in the middle of a child custody case and you believe that substance abuse could be a factor? My name is Carl Burkhead. I'm a family attorney in Tulsa, Oklahoma, and I'd like to talk with you about how substance abuse can impact your case. I'm not going to get into it too much with illegal substances, you know, meth, heroin, things like that. Obviously, if you're using any sort of illegal or illicit narcotics, it's not going to go well for a custody case or any case for that matter. So I want to focus more on using legal or permissible substances, such as alcohol, or medical marijuana has been a big thing that comes up recently, or maybe even prescription medication. I've been doing this for about seven years now, and substance abuse comes up more than just about anything else. You know, dad's drinking too much, mom's on the pills, whatever the case may be. I've had plenty of cases where parents want to fight out about, you know, I want drug tests on both sides, or whatever the case may be. So I'm going to talk with you a little bit about how I've seen courts handle alcohol use or things like that, and then maybe a little bit also about filing a motion for drug testing. I've come across this a lot recently, especially with medical marijuana becoming more prevalent. A lot of courts are starting to treat it as if, you know, kind of like alcohol. You've got the card and you're going to do it, don't use it to a point that it impairs your ability to parent the kids. You know, if you're out at a cookout having a beer while the kids are out playing, no big deal. You know, taking a hit on a dad pants, typically with a similar situation. Don't get drunk. Don't get so high that you can't function. But more often than not, courts aren't going to be too nuts about that as long as it's being done responsibly. I know it sounds like a cheesy commercial, but if you're going to use, use responsibly. Obviously, the best choice is just to not use at all whenever your kids are around. That's something that I advise all of my clients, first and foremost. But given that we live in a real world, it just comes down to do not allow it to be something that affects your ability to parent your children. Don't be so high that you can't function. Don't, really honestly, if you're going to try to use marijuana while you're around the kids, maybe just hit a dad pant and that's it. If you're going to drink, if you're going to have a beer, that's fine. Don't get, let's black out drunk and try to say, oh yeah, I'm a great parent while I'm doing it. Essentially, moderation is the best course of action. And then it just comes down to a case by case basis and how the judge views your behavior after you've been, you know, somewhat intoxicated. If you feel like the parent, the parent in your case is using, you know, overusing legal drugs or using illegal narcotics, you can always ask your attorney to file a motion for drug testing. The courts will usually have the person filing pay for that motion. If the test comes back dirty, then the court will usually order the other side to reimburse that parent for the drug testing motion in the first place. If you have any questions about this or if you think that this is something that might be beneficial to you in your case, please reach out to us. My name is Karl Burkett. I'm at Worth Law Office and you can find us at MakeLawEasy.com. Thanks. Read more »

  • What Is a Guardian Ad Litem (GAL) in Oklahoma?

    Tulsa AttorneyGuardian ad litems play a crucial role in cases involving minor children in paternity and divorce actions. They serve as independent third parties who conduct investigations, interview relevant parties, and make recommendations to the court. While judges are not required to follow their recommendations, guardian ad litems provide valuable insights and information that may not be readily available in a courtroom setting. By utilizing a guardian ad litem, individuals can potentially avoid the need for a trial and reach a resolution more efficiently. If you are considering appointing a guardian ad litem in your case, it is advisable to consult with a local attorney to explore your options further. Read more »

  • What is a Guardian Ad Litem

    Tulsa AttorneyAre you in a custody case and unsure about a guardian ad litem? Karl Burkhead, a family attorney in Oklahoma, explains the role of a GAO in your case. A guardian ad litem is appointed by the court to investigate the custody situation and provide a report on the child's best interest. They visit both parents' homes, observe interactions, and interview everyone involved. Their unbiased assessment helps the court make informed decisions. The GAO's report isn't binding, but it's a valuable tool for the court to consider. Contact Karl Burkhead at Wirth Law Firm for more information on the benefits of a guardian ad litem in your case. Read more »

  • Post Divorce Relocation with Children

    Tulsa AttorneyAre you a parent considering a move out of state with your children? Attorney Carl Birkhead, based in Tulsa, Oklahoma, can help guide you through the process. Under Oklahoma statutes, relocating more than 75 miles away with your children requires following specific rules and procedures. Providing written notice to the other parent, allowing time for objection, and presenting evidence in court are all steps in the process. While there are factors to consider, such as the best interests of the children, the court will ultimately decide if the relocation is appropriate. For more information and guidance on relocating with your children, reach out to Carl Birkhead at Worth Law Firm. Read more »

  • What Does Oklahoma's Advisory Guidelines on Visitation Schedules Say about Fathers?

    Tulsa AttorneyIf you're a father navigating visitation schedules in Oklahoma, understanding the state's Advisory Guidelines is crucial. Attorney James Wirth breaks down the guidelines, emphasizing that there is no bias between parents. These guidelines stress that fathers are just as capable of parenting as mothers, focusing on the parent's desire to be involved in their child's life. If you're facing these issues, seeking legal advice is key. Contact Attorney Wirth for a low-cost initial strategy session to protect your rights as a father. Don't hesitate to take action today and ensure you have the guidance needed to navigate the legal process successfully. Read more »

  • What is Oklahoma's Standard Visitation Schedules and Advisory Guidelines?

    Tulsa AttorneyOklahoma Standard Visitation Schedules and Advisory Guidelines are essential for parents navigating custody and visitation arrangements in the state. Tulsa attorney James Wirth breaks down the importance of these guidelines, which provide a framework for determining visitation schedules based on the best interest of the children. While not mandatory, the advisory guidelines offer a starting point for discussions in court and can be used as persuasive authority to support your position. It's crucial to understand these guidelines and seek legal advice tailored to your specific case. To schedule an appointment with an attorney experienced in family law, visit MakeLawEasy.com. Read more »

  • Can a Family Court Judge be Asked to Recuse for Possible Conflict of Interest in Oklahoma? Rule 15

    Tulsa Attorneyadvice on your specific situation. Remember, the decision to recuse a judge is not taken lightly and must be based on valid legal grounds. It's always best to consult with a knowledgeable attorney who can guide you through the process and help you navigate any potential conflicts of interest. Don't hesitate to reach out for help if you find yourself in a situation where you believe a judge may have a conflict of interest. Your rights and the outcome of your case may depend on it. Read more »

  • How to Get Emergency Custody of a Child

    Tulsa AttorneyIf you believe a child is in danger and needs emergency custody, it is crucial to act quickly. As a family attorney in Tulsa, Oklahoma, I can guide you through the process of obtaining emergency custody for a child facing immediate and irreparable harm. Whether it's through a police report, affidavit from law enforcement or DHS, or testimony from a witness, there are steps you can take to protect a child in danger. Don't hesitate to reach out for help and take action to ensure the safety and well-being of a child in need. Contact Worth Law Office for assistance in navigating the legal process and securing emergency custody for a child in crisis. Read more »

  • Got My Son a Phone but Ex Won't Allow it at Her House. What Can I Do?

    Tulsa AttorneyIn this 100-word excerpt, Tulsa attorney James Wirth discusses the issue of a parent not allowing their child to have a phone at their house, causing communication issues between the child and the other parent. Wirth explains the general rule that decisions like this are determined by the parent with physical custody at that time. However, if there is joint custody, a joint child custody plan may address specific issues like phones. Wirth suggests utilizing a parenting coordinator for small parenting issues to avoid costly court battles. He encourages seeking legal advice to address unique circumstances that may impact the situation. Read more »

  • Dad is Making Progress with Mental Heath Struggles, But Mom Won't Allow His Visitation.

    Tulsa AttorneyIf you are a father who is actively working on improving your mental health and fulfilling your child support obligations, it can be frustrating to be denied visitation with your children. You have rights as a parent, and it is important to explore your options for enforcing those rights. Attorney James Worth specializes in father's rights and child support enforcement cases. He can help you understand the legal process and advocate for your interests in court. With the right legal representation, you can work towards a resolution that allows you to maintain a meaningful relationship with your children. Understanding your rights as a father is essential. Attorney James Worth can explain the laws that apply to your situation and help you develop a strategy for asserting your parental rights. Don't let frustration and confusion prevent you from seeking the legal help you need. Contact Attorney James Worth today to schedule a low-cost initial strategy session. Take the first step towards resolving your family law issues and securing your rights as a father. Read more »

  • Oklahoma's Recommended Visitation for 18 Month to 36 Month Old

    Tulsa AttorneyIn this blog post, Tulsa attorney James Wirth discusses the recommended visitation guidelines for 18-month to 36-month-old children in Oklahoma. These guidelines were established in 2004 to provide uniformity and promote the best interests of the child based on current scientific research. Wirth explains the importance of maintaining routines, supporting the child's relationship with both parents, and implementing strategies such as daily telephone contact and picture books to facilitate smooth transitions and positive interactions. While the guidelines offer valuable insight, Wirth emphasizes the need for individualized legal advice and representation when navigating visitation issues in Oklahoma courts. To learn more, visit MakeLawEasy.com. Read more »

  • Oklahoma's Recommended Visitation for 9 to 18 Month Old

    Tulsa AttorneyIn this excerpt, Tulsa attorney James Wirth discusses Oklahoma's recommended visitation guidelines for children aged nine months to 18 months. He explains that these guidelines were established in 2005 to determine the best interests of the child based on their age and development. Wirth emphasizes the importance of predictability and consistency for children in this age group, as well as the need for both parents to participate in daily routines and have frequent contact with the child. While the guidelines do not favor one parent over the other, they do recommend that parents establish similar routines and maintain regular communication. Wirth suggests that if both parents work outside the home, splitting weekends may be a practical solution to ensure quality time with the child. He advises individuals involved in family law cases in Oklahoma to seek legal advice from an attorney to navigate these guidelines effectively. Read more »

  • Oklahoma's Recommended Visitation for 3 to 5 Year Old

    Tulsa AttorneyOklahoma's recommended visitation schedule for children age three to five is outlined in advisory guidelines established by the state in 2004. As Tulsa attorney James Wirth explains in a series of videos, these guidelines aim to determine what is in the best interest of the child based on current scientific research and provide some uniformity in visitation schedules across different judges and counties. For children in this age group, it is important to consider their impulsive nature, concrete thinking, and tendency to say what they think parents want to hear. The guidelines recommend gradually increasing visitation time as the child becomes more comfortable moving between two homes, with a focus on maintaining a consistent routine and allowing for adequate parental involvement. Ultimately, it is crucial to seek legal advice and tailor the visitation schedule to the specific needs of your child and family dynamics. Read more »

  • Oklahoma's Recommended Visitation Schedule for Ages 5 to 17

    Tulsa AttorneyOklahoma's recommended visitation schedule for ages five through 17 is a crucial aspect to consider when navigating custody arrangements. Tulsa Attorney James Wirth dives into the advisory guidelines and standard visitation schedules set by the Oklahoma legislature in 2004. These guidelines provide recommendations for weekend sharing, midweek sharing, holidays, summer break, midterm breaks, transportation, and coordinating visitation with siblings. While these guidelines are not mandatory, they serve as a helpful starting point for developing a visitation schedule that suits the best interest of the child. Consulting with a knowledgeable attorney is key to understanding and implementing these guidelines effectively in your custody case. Read more »

  • Oklahoma's General Recommendations Regarding Parental Visitation

    Tulsa Attorney<div> <h2>An Overview of Oklahoma’s Parental Visitation Advisory Guidelines</h2> <p>What are Oklahoma's general guidelines related to parental visitation? I'm Tulsa attorney James Wirth. That's a question that we have. I'm doing a series of videos related to the advisory guidelines and visitation schedules based on the report that came out from the Administrative Director of Courts as requested by the legislature back in 2004.</p> <p>So as part of that, they've got different visitation schedules that fit different circumstances based on the age of the child. Sometimes they got to, you know if there's a long distance between the two parents, then there's a special schedule for that. But this video is about the general recommendation regarding parental visitation as it appears in those advisory guidelines. So let's see what that provides.</p> <h2>Minimum Amount of Time</h2> <p>First off, generally you want to have a specified minimum amount of time for the non-custodial parent or the secondary custodial parent. Some people call it standard visitation of every other weekend or extended plus, but that's generally considered to be minimum visitation if you put in that schedule. So this is the minimum, but you can allow more visitation beyond that.</p> <p>What this indicates here is that there's a preference for having a specified minimum amount as opposed to having a maximum amount or exact set amount. Additionally, it notes that as far as what's best for kids, stable and meaningful involvement of both parents is generally best. Of course, absent, you know, there being issues where one parent is a danger to the child, of course.</p> <h2>Parental Obligations</h2> <p>Divorced, separated parents have inherent obligation towards their children, including avoiding open conflict, particularly in the presence of the kids, maintaining positive existing relationships, both with the children and the other parent, communicating and cooperating with each other to arrange the children's activities, maintaining and sharing full and complete access to medical records, school records, maintaining direct contact with personnel working or caring for their children.</p> <p>Maintaining consistent rules from one house to the next. This is one that is, it's good in theory. In practice, it's very rare. Each party usually has kind of their own rules in their household. Based on the general custody rules in the state of Oklahoma, each parent is usually allowed to have their own rules, but the advisory guidelines do recommend that the parties have consistent rules and they coordinate on that to create a sense of security for the kids.</p> <h2>Call to Action: Low-Cost Initial Strategy Session</h2> <p>If you're dealing with a case in Tulsa County or in any county in the state of Oklahoma, where you've got visitation and custody issues, you're probably gonna not just watch videos online, but you're also gonna want to talk to a <a href="https://stage4.wirthlawgroup.com/lawyer/tulsa-child-custody-attorney.html">Tulsa child custody lawyer</a> privately and confidentially. To get that scheduled with a <a href="https://stage4.wirthlawgroup.com/" />Tulsa lawyer</a> at Wirth Law Office, you can go online to makelaweasy.com or call 918-879-1681 for a low-cost initial strategy session.</p> </div> Read more »

  • Oklahoma's Recommended Long-Distance Visitation Schedule

    Tulsa AttorneyNavigating long-distance visitation guidelines in Oklahoma can be complex. Understanding the recommended schedules for children of different ages, handling transportation costs, and ensuring monthly contact can be challenging for parents. It is crucial to familiarize yourself with these guidelines to ensure the best interests of your child are met during custody and visitation disputes. For personalized legal advice on visitation schedules and custody matters in Oklahoma, contact Tulsa attorney James Wirth. Schedule a low-cost initial strategy session by calling 918-879-1681 or visiting makelaweasy.com. Let us help you navigate the legal complexities of long-distance visitation and protect your child's best interests. Read more »

  • Oklahoma's Recommended Visitation for Birth to 9 Months Old

    Tulsa AttorneyOklahoma's recommended visitation schedule for infants from birth to nine months is based on the idea that babies form multiple strong attachments and can bond with both parents. The guidelines emphasize the importance of frequent contact with both parents, a predictable schedule, and routine. It is recommended that infants have contact with both parents to allow for bonding and trust to develop. If one parent has been less involved, gradual introduction to visitation is suggested to allow the child to become accustomed to the new parent. Communication between parents regarding the child's needs and daily activities is also encouraged. While these are just guidelines, they can serve as a helpful reference when discussing visitation arrangements in court. If you need legal advice on visitation schedules, it is recommended to consult with an attorney. Read more »

  • How Much Evidence Does It Take for a Judge to Grant a Motion for Hair Follicle Drug Testing?

    Tulsa AttorneyAre you wondering how much evidence is needed for a judge to grant a motion for hair follicle drug testing? Tulsa Attorney James Wirth breaks it down for us. While some believe it may be difficult to convince a judge, Wirth explains that if you can show there are legitimate concerns, most judges are likely to grant the testing. However, it is important to note that you may be required to cover the costs initially, which could be reallocated if the test is positive. Wirth emphasizes that in custody cases, the mental health and well-being of those around the children are of utmost importance. If you have any concerns, it is worthwhile to pursue drug testing for the protection and best interest of the children involved. If you need legal advice specific to your situation, Wirth recommends scheduling a private and confidential consultation with an attorney at his office. Visit MakeLawEasy.com to get started. Read more »

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