Oklahoma City Lawyer Blog
Understanding the Custodial Parent's Duty to Facilitate Visitation
In today's discussion, Dillan Savage from Wirth Law Office in Oklahoma City addresses the critical responsibility of custodial parents to facilitate visitation with non-custodial parents, as outlined in Title 43 Section 111.3 of Oklahoma's statutory law. This statute emphasizes the importance of adhering to court-ordered visitation rights. If the custodial parent fails to comply, the non-custodial parent can file a Motion to Enforce Visitation. Dillan also touches on emergency custody filings in cases where a child's safety is at risk. For detailed insights and guidance on navigating these legal matters, visit TheOklahomaCityAttorney.com. Read more »
Protecting Your Custody Rights: Civil Actions for Child Stealing
In this informative video, Dillan Savage from Wirth Law Office discusses the legal options available in Oklahoma if a third party interferes with your custodial rights. Under Title 43, Section 111.2, you can pursue a civil action for child stealing, allowing you to seek damages for the loss of time with your child, as well as reimbursement for expenses incurred while trying to locate them. Dillan emphasizes that beyond criminal ramifications, you can recover attorney's fees and compensatory damages. If you're facing such a situation, this video offers valuable insights. For more information, visit TheOklahomaCityAttorney.com. Read more »
Standard Visitation in Oklahoma: Rights and Responsibilities
Hello, I’m Dylan Savage from Ortho Office in Oklahoma City. In today’s discussion, we’ll explore standard visitation for non-custodial parents. Generally, this involves a regular custody schedule, typically featuring every other weekend access to your child. Depending on your county, this could mean Thursday to Monday or Friday to Monday arrangements, sometimes with an extra day during your off week. It’s crucial to understand that standard visitation can vary significantly across counties in Oklahoma, as there’s no universal schedule. For detailed guidance, it’s important to check your specific county’s regulations. Visit theoklahomacityattorney.com for more information. Thank you for tuning in! Read more »
Indirect Contempt of Court: What to Know About Divorce Property Distribution Orders
In today's blog post, Dylan Savage of Worth Law Office discusses the implications of indirect contempt in divorce proceedings, particularly regarding property division. When a court issues an order to divide assets, failure to comply can lead to serious consequences. Willfully disobeying a court order may result in being found guilty of indirect contempt, which could carry penalties of up to six months in jail and fines up to $500. However, if a party is unable to comply due to circumstances beyond their control, they may have a valid defense. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Custody Battles and Bodily Fluid Testing: Legal Insights
In custody matters, the court has the authority to require parties to submit to blood, urine, or saliva tests. According to Title 43, Section 110.2, this can include both parents and children, ensuring that any potential substance abuse issues are identified for the child’s welfare. The rationale is straightforward: the court aims to protect the best interests of the child by assessing any risks posed by drugs or alcohol. If a party refuses to comply, the court can enforce the testing. For more insights on custody laws, visit oklahomacityattorney.com. Thank you for tuning in! Read more »
A Beginner’s Guide to Supervised Visitation in Oklahoma
In this blog post, Dillan Savage of Wirth Law Office - Oklahoma City, delves into the concept of supervised visitation as defined by Oklahoma law under Title 43, Section 110.1a. Supervised visitation allows non-custodial parents to engage with their children in the presence of a designated third party, ensuring safety and oversight during their interactions. Dillan explains the criteria for selecting supervisors, which can include family members or specialized facilities in the Oklahoma City area. He also discusses the reasons courts might mandate supervised visitation, emphasizing the importance of maintaining parent-child relationships while addressing safety concerns. For more insights, visit TheOklahomaCityAttorney.com. Read more »
How Shared Parenting Works During and After Divorce in Oklahoma
In this blog post, Dylan Savage from Worth Law Office delves into the importance of shared parenting in Oklahoma, particularly during and after separation or divorce. The Oklahoma court system prioritizes the best interests of minor children, advocating for substantial relationships with both parents. Joint custody and equal parenting time are commonly emphasized, ensuring that children maintain meaningful connections with both parents. This approach is grounded in Title 43, Section 110.1, the shared parenting policy, which underscores the courts' commitment to fostering strong parent-child relationships. For more insights, visit TheOklahomaCityAttorney.com. Thank you for reading! Read more »
Your Rights as a Non-Custodial Parent: Access to Important Child Documents
In this informative video, Dylan Savage from Worth Law Office discusses the rights of non-custodial parents regarding access to their children's records. Many non-custodial parents wonder if they can access the same information as custodial parents, and the answer is yes! Under Title 43, Section 109.6, both custodial and non-custodial parents have the right to vital records, including medical and school information, unless a court has ruled otherwise for the child's best interest. Dylan emphasizes the importance of staying informed about your child's well-being and invites viewers to reach out for personalized legal assistance. Watch the video for more insights! Read more »
12 Common Legal Grounds for Divorce Explained
In today's blog post, Dillan Savage of Wirth Law Office - Oklahoma City discusses the 12 different grounds for divorce in Oklahoma. From abandonment and adultery to extreme cruelty and incompatibility, Dillan provides a brief overview of each reason. Understanding these grounds can be crucial for anyone considering divorce. For instance, did you know that habitual drunkenness and gross neglect of duty can also lead to divorce? Whether it's proving an extramarital affair or addressing issues like imprisonment, knowledge is power when navigating this challenging process. If you find this information helpful, visit theoklahomacityattorney.com for more insights. Read more »
Understanding Hearsay: A Simple Guide to the Legal Term
**A Simple Guide to the Legal Term Hearsay** In this informative video, Dylan Savage of Orth Law Office defines hearsay and its implications in legal proceedings. Hearsay refers to out-of-court statements made by individuals to prove the truth of what they assert—such as trying to use a police report without the officer present to testify. Understanding hearsay is crucial for effectively presenting evidence in court. Dylan emphasizes the importance of having the original statement-maker available to testify, ensuring that the evidence can be admissible. If you want to learn more about hearsay and its impact on your case, watch the video and explore legal assistance options. Read more »
Pro Se Litigation: Can You Be Your Own Lawyer in Court?
In this post, Dylan Savage of Worth Law Office discusses the pros and cons of representing yourself in a custody case or any legal matter. While it is indeed possible to act as a pro se litigant—meaning you represent yourself—there are significant risks involved. Without an attorney, you lose the buffer during negotiations and must meet the same legal standards as licensed professionals. This can be particularly challenging, as emotions may run high, leading to missteps. Ultimately, while self-representation can save money, the potential pitfalls often outweigh the benefits. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Can VA Disability Be Counted for Alimony? Here's the Truth
In this informative post, Dillan Savage from Wirth Law Office discusses a critical aspect of family law: the impact of VA disability on alimony calculations. Many veterans may wonder whether their VA disability benefits can be considered when determining their ability to pay alimony. The answer is no. Under Title 43, Section 134, VA disability is not counted as income for alimony purposes, meaning if it's your sole income, it won't contribute to alimony obligations. Dillan aims to clarify this legal nuance for veterans navigating divorce or separation. For more insights, visit theoklahomacityattorney.com. Read more »
Same-Sex Marriage in Oklahoma: Legal Rights and What You Need to Know
In this blog post, Dillan Savage of Wirth Law Office addresses the legality of same-sex marriage in Oklahoma. As of October 2014, same-sex marriage is indeed legal in the state, with similar requirements to opposite-sex marriages. However, it's crucial to note that Oklahoma law (Title 43, Section 3.1) does not recognize same-sex marriages performed in other states. Dillan offers insights on the implications for individuals moving to Oklahoma and details about the legal landscape. For those navigating the complexities of marriage laws in Oklahoma, this post provides essential information to ensure your rights are protected. Read more »
Mediation in Custody Cases: Why It’s a Game-Changer for Parents
In this insightful post, Dillan Savage of Wirth Law Office discusses the significance of mediation in custody matters. Mediation serves as a vital tool for resolving disputes, allowing parties to meet in a neutral setting with the aim of reaching an agreement—whether partial or full. By facilitating open communication, mediation helps avoid the lengthy litigation that can negatively impact children involved. Dillan emphasizes how agreements on key issues, such as joint custody, can be established during mediation, ultimately saving time, money, and emotional strain for families. Discover the benefits of mediation and learn how it can provide a smoother resolution for custody cases. Read more »
Deployed? How to Transfer Visitation Rights to Step-Parents or Family
In this blog post, Dillan Savage from Wirth Law Office discusses the Oklahoma Deployed Parent Custody and Visitation Act, which offers crucial protections for military parents facing deployment. If you're a service member worried about maintaining your child's relationship with family during your absence, this law provides a solution. It allows deployed parents to transfer their visitation rights to a qualified stepparent or family member, ensuring that bonds remain strong despite physical separation. This act aims to safeguard the continuity of family connections. For further insights and legal assistance, visit theoklahomacityattorney.com. Thank you for reading! Read more »
Oklahoma Divorce: Residency Time Requirements Explained
In this insightful blog post, Dillan Savage of Wirth Law Office - Oklahoma City, outlines the essential requirements for filing for divorce in Oklahoma. To start the process, individuals must have lived in the state for at least six months. Once this residency is established, the next crucial step is determining the appropriate county for filing, based on where you or your spouse have resided for at least 30 days. This guide simplifies the initial steps of the divorce process, ensuring you have the information you need. For more detailed advice, visit theoklahomacityattorney.com. Read more »
Marijuana and Custody Cases: Understanding the Legal Consequences
In this insightful discussion, Dillan Savage of Wirth Law Office addresses the impact of marijuana use on custody matters in Oklahoma City. For individuals with a valid marijuana card, responsible usage—such as keeping it secure and away from children—will generally be viewed similarly to any other prescription medication. However, misuse or use around children can lead to serious consequences, including supervised visitation. On the other hand, using marijuana without a card is treated as illegal drug use, which can severely affect custody rights. Tune in for essential tips to navigate custody matters while managing your marijuana use responsibly. Read more »
Key Steps to Navigate Custody Matters (Non-Emergency Tips Every Parent Should Know)
In today's discussion, Dillan Savage from Wirth Law Office addresses the critical steps parents can take when facing concerns about their child's safety during custodial matters like divorce or paternity lawsuits. If you suspect a dangerous living situation but lack proof of imminent harm, there are several options available. Dillan emphasizes the importance of consulting with your attorney, requesting a welfare check from local authorities, or contacting Child Protective Services if necessary. These actions can help ensure your child's well-being and pave the way for potential emergency custody. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Can You Get Your Wedding Ring Back After Divorce?
In today’s discussion, Dillan Savage of Wirth Law Office addresses a common concern during divorce proceedings: Can you reclaim your wedding band? Unfortunately, the answer is generally no. In Oklahoma, wedding bands are considered gifts, and unless both parties agree to its return, it’s unlikely you will recover it through the courts. This decision is backed by established case law, which typically does not favor the retrieval of gifts in divorce cases. For those facing this issue, reaching an agreement with your ex-partner is essential. For more insights, visit theoklahomacityattorney.com. Thank you for reading! Read more »
Protective Orders in Paternity and Divorce Cases: How They Work
In this informative blog post, Dillan Savage of Wirth Law Office addresses a crucial question: Can you file a protective order against your significant other or ex while navigating a paternity or divorce case? The answer is a resounding yes. Protective orders serve to safeguard individuals from stalking, intimidation, or harm, regardless of ongoing legal proceedings. Dillan emphasizes the importance of acting swiftly—timely filing is key if you've experienced threats or harassment. He also notes that protective orders can be integrated with divorce or paternity cases, ensuring that your safety remains a priority. For more insights, visit theoklahomacityattorney.com. Read more »
Child Preference in Custody Cases: Does It Affect the Outcome?
In Oklahoma, children aged 12 and older can express their preference regarding custody arrangements during court proceedings. While the court considers these preferences, the ultimate decision hinges on the child's best interests. If a child wishes to live with a particular parent, the court must evaluate whether that choice could potentially endanger the child’s well-being. If there are no threats identified, the court is likely to honor the child's preference. However, if the child’s safety is at risk, the court may disregard their wishes. For more insights on custody matters, visit theoklahomacityattorney.com. Read more »
Modifying Custody and Child Support: Key Facts You Should Know
Welcome to my blog! I'm Dillan Savage from Wirth Law Office, focusing on family law in Oklahoma City. Today, we explore modifications in custody matters, starting with child support. Modifying child support can be relatively straightforward, as it requires a lower burden of proof. Changes in your or the other party's financial situation, such as job loss or increased income, may warrant a reassessment of child support. On the other hand, modifying custody and custodial time is more complex and requires evidence of a significant change in circumstances. This could include relocation, criminal issues, or the child's expressed wishes. If you feel your situation warrants a modification, consulting an attorney is essential. For more insights, visit TheOklahomaCityAttorney.com. Thank you for reading! Read more »
Attorney’s Fees Awarded in Custody Cases: What You Need to Know
Welcome to my blog! I'm Dillan Savage from Wirth Law Firm, based in Oklahoma City. In today's post, we're exploring the complexities of obtaining attorney's fees in family law cases. While it's possible to be awarded these fees, it remains quite rare and challenging. Several key factors come into play, such as demonstrating financial hardship caused by the other party's actions or proving undue delays in the proceedings. If the opposing party has acted in bad faith, that could also strengthen your case for reimbursement. Join me as we delve deeper into the circumstances that can influence a judge's decision on this matter. Read more »
Default Judgment Explained: What It Is and How to Avoid It
Welcome to my blog! I’m Dillan Savage from Wirth Law Office, specializing in legal matters in Oklahoma City. Today, we’re diving into the crucial topic of default judgments and how to steer clear of them. A default judgment occurs when you fail to respond to legal documents, resulting in an automatic ruling against you. Many believe that ignoring a lawsuit will make it disappear, but that’s a dangerous misconception. If you receive a summons, it’s vital to consult an attorney immediately to ensure your rights are protected. For more insights, visit TheOklahomaAttorney.com. Stay informed and take action to safeguard your future! Read more »
Adjudication in Paternity Cases: Why It Matters in Wedlock Situations
Welcome to the Wirth Law Firm blog! I’m Dillan Savage, practicing in Oklahoma City, and today, we’re discussing the critical importance of opening a paternity lawsuit if you have a child out of wedlock. Without a legal adjudication of fatherhood, fathers lack custodial rights, meaning the mother has the ultimate authority regarding custody and visitation. Even if you and the mother are on good terms, establishing paternity through the court is essential. This process secures your rights and responsibilities as a parent, ensuring you can actively participate in your child’s life. For more insights, visit theoklahomaattorney.com. Read more »
Discovery in a Court Case: An Overview of the Legal Process
Welcome to the Wirth Law Firm blog! I'm Dillan Savage, practicing in Oklahoma City. Today, we’re diving into the critical process of discovery in legal cases. Discovery is a key method that allows us to request essential information from the opposing party, ensuring transparency and preventing surprises at trial. It consists of three main components: admissions, interrogatories, and document production. These tools enable attorneys to gather relevant information efficiently, such as financial records or communications, which are vital for building a strong case. Understanding discovery is crucial for effective legal representation. For more insights, visit TheOklahomaAttorney.com! Read more »
Termination of Parental Rights in Oklahoma: Key Insights and Procedures
In this insightful blog post, Dillan Savage of Wirth Law Firm sheds light on the complexities of terminating parental rights in Oklahoma. He explains that this process typically involves the Department of Human Services (DHS), which assesses whether a parent is unable to care for their child due to neglect or other factors. Termination can occur voluntarily or through court intervention, but often, financial responsibilities like child support may still remain. Additionally, Dillan discusses how adoption serves as another avenue for terminating parental rights. For more details and guidance, visit theoklahomaattorney.com. Read more »
Where to File Guardianships: Short Guide
In this informative post, Dillan Savage of Wirth Law Firm discusses the intricacies of filing for guardianship in Oklahoma. He outlines two primary scenarios: if you are related to the individual needing guardianship, you may file in your own county. Conversely, if there is no familial relationship, the filing must occur in the county where the individual, or ward, resides. This guidance ensures that those in need of protection receive the necessary legal support, regardless of their family ties. For more insights, visit TheOklahomaAttorney.com. Read more »
What Are a Step-Parent’s Obligations to Their Step-Children?
In Oklahoma, step-parents have no legal obligation to support their stepchildren, as outlined in Title 43, Section 112.4, which explicitly states, a step-parent is not required to maintain his or her spouse's children from a prior relationship. This means that unless you've adopted the child or are their biological parent, you're not responsible for financial support like child support. Many clients ask about this during divorce proceedings, concerned about obligations toward their spouse's children. If you find this information helpful or know someone who might, visit TheOklahomaCityAttorney.com for more insights. Thank you for reading! Read more »
Claiming Your Share After Joint Tenancy: A Step-By-Step Guide
Navigating the complexities of estate matters can be challenging, especially after the loss of a loved one. If you're looking to claim your share of a decedent's interest following the passing of a joint tenant, understanding the process is crucial. One essential step involves preparing an affidavit of surviving joint tenant, which includes specific details like the date, time, legal property description, and its county recording. Additionally, attaching a certified death certificate is mandatory when filing in the county where the decedent passed. For more insights into estate planning and related topics, explore our resources. Read more »
