Oklahoma City Lawyer Blog
Guide to Temporary Visitation Part 2
In Oklahoma, even if the court lacks jurisdiction over a child custody case, it can still establish a temporary visitation schedule. This applies when no specific visitation terms are defined in the existing agreement. Subsection B of Title 43, Section 551-304 allows a court to intervene and create a temporary visitation arrangement for a set duration. This enables parents to seek enforcement of their visitation rights while awaiting a formal schedule from the proper jurisdiction. Understanding this process is crucial for ensuring that visitation rights are respected and upheld during custody disputes. Read more »
Guide to Temporary Visitation
In Oklahoma, Title 43 Section 551-304 addresses Temporary Visitation, allowing courts to intervene in visitation disputes where they lack jurisdiction to modify custody orders. Though rare, this provision can be crucial if your visitation rights are being denied under a custody determination established by another jurisdiction. If you're unable to file in that court, an Oklahoma court can help enforce your visitation schedule temporarily. However, this is just a stopgap measure. It’s vital to seek enforcement or modification in the court that has original jurisdiction over your custody order as soon as possible for a more permanent resolution. Read more »
Interstate Custody in Oklahoma
In Oklahoma, courts have a duty to enforce custody determinations and orders made by courts in other states. This obligation ensures that any custody judgments involving minor children that appear before an Oklahoma court are given full faith and credit. According to Oklahoma statutes, courts will examine the substantial conformity of the laws and how the determinations were implemented in light of the surrounding circumstances. When enforcing these orders, Oklahoma courts can employ various remedies typical for enforcing their own orders, ensuring that custody agreements are honored, regardless of the originating state. Read more »
Enforcing Global Custody Laws
Oklahoma courts have the authority to enforce orders made under the Hague Abduction Convention regarding the return of minor children. As with any country under the convention, the courts recognize and take into account the orders issued by other nations concerning child abduction. Under Title 43 Section 551-302, Oklahoma courts can enforce these foreign orders as if they were local child custody determinations. This means that if an order for the return of a child is issued by another country's court, it holds the same weight in Oklahoma as a custody order would. Understanding this enforcement power is crucial for navigating international custody issues. Read more »
Know Your Abduction Rights
Understanding international child abduction protection laws is crucial for parents who may face such challenges. The Hague Abduction Convention offers legal frameworks for countries to collaborate in preventing child abduction across borders. In this post, we'll explore the various countries and territories that participate in this treaty with the United States, providing essential insights for those concerned about potential child abduction. If you're navigating this complex situation, knowledge of these laws can help protect your rights and ensure the safety of your children. Learn more about how these international laws can impact your custodial rights. Read more »
Protecting Kids Across Borders
In this blog post, Dillan Savage from Wirth Law Office explores the Hague Abduction Convention, an important treaty involving the United States and over a hundred other countries. This treaty aims to protect children from parental abduction across international borders and ensure they maintain relationships with their rightful guardians. Each participating country has a Central Authority responsible for locating and returning abducted children while determining the applicability of the convention. Key evidence is required to support claims, including proof of habitual residence in the U.S. and documentation showing wrongful removal. Understanding these elements is crucial for affected parents. Read more »
Court Orders for Custody in Oklahoma
In Oklahoma, courts hold the authority to compel parties and their minor children to appear in court, regardless of their residency. This power extends to those living outside the state, ensuring the court can enforce necessary appearances for the welfare of minor children. Additionally, if a party requests an appearance, the court may also consider awarding travel and expense reimbursements to the requesting individual, depending on the specifics of the case. Understanding these dynamics is essential for anyone navigating child custody matters in Oklahoma, as the court's primary focus remains the safety and best interests of the children involved. Read more »
Key Info for Custody Submissions
When filing custody proceedings in Oklahoma, it's crucial to include specific information in your pleadings, as mandated by Title 43 Section 551-209. Essential details include the current address of the minor children, their addresses for the past five years, and who they lived with during that time. Additionally, you must provide information about any previous custody or visitation proceedings, including parties involved, case numbers, and the states where these occurred. It’s important to clarify who currently has physical custody and if there are any other cases that could affect the proceedings. Providing accurate information ensures a smoother legal process. Read more »
Oklahoma Court Record Sharing
In this discussion, we explore the cooperation between Oklahoma courts and those in other states. Oklahoma courts can request various actions from out-of-state courts, such as conducting evidentiary hearings, obtaining necessary documentation for child custody evaluations, and ensuring parties appear in Oklahoma for custody proceedings. This cooperation is outlined in Title 43, Section 551-112 of Oklahoma statutes, which details the extent to which Oklahoma courts can interact with those from other jurisdictions. Understanding these processes is essential for navigating family law matters involving multiple states, offering clarity on how courts can work together effectively. Read more »
Initial Child Custody Jurisdiction in OK
Navigating child custody jurisdiction can be complex. Generally, Oklahoma has jurisdiction if the child lived in the state when the custody case was filed. However, if the child resided in another state for six months prior, that state may have authority. For newborns, if the child was born and has lived in Oklahoma since birth, Oklahoma likely has jurisdiction. Additionally, if all parties agree or another state declines jurisdiction, Oklahoma could still be the right venue, depending on ties to the state. It's vital to consult an attorney to clarify jurisdiction in your specific situation. Read more »
Who Stays in Charge of Custody in OK?
Exclusive continuing jurisdiction in Oklahoma child custody cases ensures that once a custody order is issued by an Oklahoma court, the case typically remains within the state’s jurisdiction. This holds true unless certain conditions are met. Jurisdiction can shift if the case is formally transferred to another state or if both parents and the child no longer maintain significant connections to Oklahoma, affecting access to essential information like schooling and healthcare. However, Oklahoma does not easily relinquish jurisdiction; a clear legal basis is required for a transfer or for determining that the case belongs in another venue. Read more »
Oklahoma Custody Modification Rules
When considering modifications to child custody orders from another state, it's essential to understand Oklahoma's jurisdiction. If the custody order was issued outside of Oklahoma, the initial step is to determine whether Oklahoma can legally modify it. Sometimes, custody matters have been properly transferred to Oklahoma courts. If so, modifications can proceed. However, if jurisdiction is lacking, the courts may redirect you back to the original state. Factors like the current residence of the child and parents will influence this determination. Consulting an attorney before filing is crucial to avoid delays and complications in custody matters. Read more »
Emergency Custody in Oklahoma
In Oklahoma, the courts have the authority to exercise temporary emergency jurisdiction in child custody cases when a minor is present and facing immediate threats of harm. This includes situations involving physical or emotional danger, or abandonment. Even if custody matters are being addressed in another state, Oklahoma can intervene to protect the child if there is sufficient evidence of imminent risk. This emergency intervention is outlined in Title 43, Section 551-204, allowing for swift action to safeguard the child's wellbeing. When a child's safety is at stake, Oklahoma courts can act quickly and decisively. Read more »
Custody Notice Rules in Oklahoma
In legal matters involving minor children, providing proper legal notice to all interested parties is crucial. Whether it's a divorce, custody modification, paternity action, adoption, or guardianship, individuals with a legal stake—such as current guardians, biological or adoptive parents with intact rights, grandparents with visitation rights, and others with legal authority over the child—must be notified. Their involvement is not just courteous but necessary; failing to give notice can delay proceedings or lead to dismissal. Ensuring all parties are informed is key to a smooth legal process when seeking rights over a child. Read more »
Navigating Dual Custody Hearings in Multiple States
Simultaneous child custody proceedings can lead to complexities in the legal system, particularly in Oklahoma. When custody cases are pending in both Oklahoma and another state, the court in Oklahoma will automatically pause its proceedings. This ensures that the appropriate jurisdiction is determined before any further action is taken. The court reviews documentation from both states to decide which one is best suited to handle the case. This process is crucial to avoid conflicting custody orders, ensuring that only one state manages the custody issues at hand. Understanding these procedures can help navigate the legal landscape more effectively. Read more »
Inconvenient Forum: Custody Case Denied
In Oklahoma child custody proceedings, the concept of an inconvenient forum may affect where a case is heard. This term refers to situations in which holding a custody case in Oklahoma is impractical or burdensome for the court or the parties involved. Under Oklahoma law, if a court finds that another state is a more suitable venue, it can decline jurisdiction over the custody matter, even while retaining control over related issues like divorce. Factors influencing this decision include domestic violence concerns, where the child has lived, financial circumstances, and the courts' familiarity with the case. Read more »
Misconduct Can Cost You Jurisdiction
In Oklahoma family law, courts can decline jurisdiction over child custody cases if a party's conduct is deemed unreasonable or manipulative. According to Title 43, Section 551-208, a court may refuse to hear a case if a party has acted in bad faith to establish jurisdiction in the state. For instance, relocating a child to Oklahoma solely for legal advantage could lead to the case being dismissed. Courts may also order the responsible party to pay associated costs and fees. This serves to uphold the integrity of custody proceedings and discourages unethical behavior in legal matters. Read more »
Limited Immunity: Oklahoma Child Custody
In child custody matters, understanding jurisdiction is crucial, especially for out-of-state residents. If you travel to Oklahoma solely to participate in a custody proceeding, you may be protected by limited immunity. This means that your presence in the state for this purpose does not automatically subject you to personal jurisdiction for unrelated legal issues. Under Title 43, Section 551-109, parents attending court for enforcement, registration, or modification of custody orders retain this protection, ensuring fairness in multi-state custody disputes. This legal principle helps safeguard individuals from unexpected lawsuits while focusing on the best interests of their children. Read more »
Multi-State Custody: Why Courts Talk
Oklahoma courts have the authority to communicate with courts in other states during family law proceedings under Title 43, Section 551-110. This is crucial in cases involving multiple jurisdictions, such as child custody conflicts or relocations. While routine communications, like scheduling, do not require notification to involved parties, substantive discussions on legal issues, like jurisdiction, necessitate participation from those affected. This court-to-court dialogue is typically seen in jurisdictional disputes or case transfers. Understanding this process can prepare individuals for the complexities of multi-state family law issues, ensuring they are informed and able to advocate for their interests. Read more »
Out-of-State Testimony in Family Court
In custody proceedings in Oklahoma, parties can take testimony from witnesses located in other states through depositions or other legally sanctioned methods. This can include testimony from the other party or even a minor child under certain circumstances. Courts may allow testimony to be taken via telephone, video conferencing, or coordinate with courts in the witness's state. Moreover, documentary evidence can also cross state lines and may be admissible even if it's a non-original copy. Adhering strictly to the relevant statutes is crucial to ensure the evidence's admissibility in court. Read more »
Oklahoma Family Law: Foreign Custody Orders
Oklahoma courts generally recognize legal orders from foreign countries regarding marriage and family relationships, treating them with the same validity as domestic orders. However, child custody orders receive more scrutiny. Courts assess these orders to ensure they comply with human rights standards and Oklahoma’s jurisdictional requirements. If a foreign custody order meets these criteria, it can be enforced just as if it were issued locally. In summary, while most foreign orders can be honored in Oklahoma, child custody orders must undergo a more rigorous review process to ensure they align with local laws and protections. Read more »
Out-Of-State Service: Legal Steps
Notifying someone outside of Oklahoma about a lawsuit filed within the state can be complex. There are generally two methods to achieve this: serve them according to the laws of their home state or adhere to Oklahoma’s service rules outlined in Title 12, Section 2004. This section details the process for creating a valid summons and acceptable service methods. Given the technical nature of these procedures, consulting an attorney is advisable to ensure proper compliance, especially for out-of-state defendants. An exception exists if the individual acknowledges jurisdiction in writing, simplifying the process. Read more »
Child Custody Jurisdiction in Oklahoma
In child custody cases, jurisdictional questions are crucial for determining where a case should be heard. Oklahoma law emphasizes the importance of resolving these jurisdictional issues promptly. When a party raises doubts about the court's authority, the court must prioritize this concern and address it before proceeding with other aspects of the case, except when a child's immediate safety is involved. Understanding how Oklahoma courts handle jurisdictional questions can significantly impact the outcome of custody disputes. Parents need to be aware of their rights and the legal processes that govern custody hearings in Oklahoma. Read more »
Family Law Orders: State or Tribal?
Oklahoma recognizes family law orders issued by Native American tribes as valid and enforceable, treating them similarly to orders from other U.S. states. Under Title 43, Section 551-104, Oklahoma courts are required to respect tribal court decisions, provided they do not conflict with fundamental legal or human rights standards. This means that if you have a custody, visitation, divorce, or paternity order from a tribal court, you can expect Oklahoma courts to honor and enforce it. Understanding this legal relationship is crucial for anyone navigating family law matters involving tribal jurisdictions in Oklahoma. Read more »
Oklahoma Lawsuit Ghosted, Case Toasted
Lawsuit dismissals for failure to prosecute can significantly impact your legal situation. Essentially, this occurs when a party initiates a case, whether criminal or civil, but fails to take necessary steps to move it forward. This inaction allows the opposing party to request a dismissal from the court. In criminal cases, if the state files charges and doesn’t pursue them actively, the defense may file a motion to dismiss. Similarly, in civil cases, a defendant can seek dismissal if the plaintiff is not actively pursuing the matter. Understanding these dynamics can provide important options for those facing legal challenges. Read more »
Who Can Encumber Marital Assets in Oklahoma
In this discussion, we explore when one spouse can place liens, sell, or encumber marital property without the other spouse's consent. There are specific conditions that must be met, including scenarios of abandonment or imprisonment lasting over a year. If your spouse has left the state and failed to support the family financially, or if they are incarcerated for over a year, you may petition the court for permission to take such actions. It's essential to serve your spouse with notice, regardless of their circumstances, and to include an affidavit with your request outlining the situation. Read more »
Voluntary Dismissals: Key Steps
In this post, attorney Dillan Savage discusses the process of voluntary case dismissals in Oklahoma City. Many clients seek to withdraw their cases midway through litigation or before it even begins. In such instances, it's often possible to accommodate their requests. However, specific circumstances dictate whether dismissal requires permission from other parties involved. For cases filed before pretrial where no counterclaims exist, a simple notice of dismissal suffices. Yet, if a counterclaim is filed or you're beyond the pretrial stage, you'll need consent from the opposing party or the court's approval to proceed with dismissal. Read more »
Know Your Rights After Divorce
Today, we're discussing the rights of women after marriage, a topic that remains significant despite modern understanding. A woman's legal rights as an individual do not change upon marriage. This principle, although recognized today, was not always the case. In Oklahoma, Title 43, Section 214 clarifies that women retain their legal existence and identity post-marriage. This means that marriage does not diminish their rights or alter their legal standing. Women continue to possess the same legal rights and autonomy throughout their marriage, ensuring that their identity and rights are upheld in all aspects of life. Read more »
Updating Oklahoma Visitation Schedules
Today, we're discussing the nuances of modifying visitation schedules and the legal standards involved. Unlike custody modifications, which require a significant change as outlined in Gibbons v. Gibbons, altering a visitation schedule involves a much lower burden of proof. The 2021 case Swiney v. Villanueva established that changes should be made based on the best interests of the child. Any party involved can file a motion for modification, whether it's the custodial parent or the one receiving visitation. Ultimately, proving that a change is in the child’s best interest is the key to a successful modification. Read more »
Who Can Sell Marital Property?
Contracts for the sale of marital property can bind both parties, even if only one spouse consented to the transaction. This includes cases where a spouse has abandoned the other for an extended period or has been incarcerated for a year or longer. In such situations, any property sold or encumbered during the absence remains binding, regardless of the returning spouse's circumstances. This principle, outlined in Title 43, Section 212, highlights the complexities of marital property sales and the importance of understanding one's legal rights within these contexts. Read more »
