Oklahoma City Lawyer Blog
Exploring the Duration of Minor Guardianships
In this post, Dillan Savage of Wirth Law Office discusses guardianships of minor children, specifically focusing on their duration. Many clients wonder if they need to return for updates after receiving letters of guardianship and how long these arrangements last. While guardianships are intended to be temporary, they can remain in place until a child reaches 18 if the underlying issues remain unresolved. If the situation improves, guardianships may be terminated, allowing for reunification with parents. Annual reviews help ensure the child’s well-being during the guardianship. For more insights, visit TheOklahomaAttorney.com. Read more »
Guardianships for Adults Over 18: What You Need to Know
In this insightful blog post, Dillan Savage of Wirth Law Office explores the important topic of guardianship for individuals over 18 in Oklahoma. Discover whether you can obtain guardianship and the necessary criteria involved. Dillan explains that guardianship may be granted if the individual suffers from mental or physical illnesses or other disabilities that prevent them from caring for themselves. He emphasizes the importance of petitioning the court to secure the ability to make financial and personal decisions on their behalf. For more valuable legal insights, visit theoklahomaattorney.com. Stay informed and empowered with Dillan's expert guidance. Read more »
How a Demanding Job Affects Your Right to Joint Custody
In this insightful discussion, Dillan Savage from Wirth Law Office addresses a common concern for parents with demanding jobs: Can you still request joint custody? The answer is yes! While a busy work schedule may limit your time with your child, it doesn't determine your ability to share custody. Joint custody focuses on co-parenting responsibilities and being informed about significant life events in your child's life, such as school and health matters. Ultimately, what matters most is your commitment to being a good parent and working collaboratively with the other party for your child's best interests. Explore more on this important topic! Read more »
Tax Claiming in Custody Cases: Who Gets to Claim the Children
In this informative post, Dillan Savage from Wirth Law Office discusses the intricacies of tax claiming in custody matters. He explains how parents often alternate claiming their children on taxes, typically switching every year, with arrangements made for multiple children to ensure fairness. For instance, one parent might claim one child while the other claims another, creating an equitable solution. Dillan emphasizes that even those with standard visitation rights can claim their children on taxes. For a deeper understanding and additional resources, visit TheOklahomaAttorney.com. Stay tuned for more expert insights on family law and custody matters! Read more »
Divorce Waiting Periods: 10 Days vs. 90 Days Explained
In this informative video, Dillan Savage of Wirth Law Office discusses the waiting periods for finalizing a divorce in Oklahoma. If there are no children involved, you can be divorced in just 10 days after filing. However, if children are part of the equation, the waiting period extends to 90 days. Dillan also highlights that, in certain circumstances, judges may waive the waiting period, especially when both parties have a mutual agreement in place. With real-life examples and clear explanations, this video is a valuable resource for anyone navigating the divorce process. For more insights, visit theoklahomaattorney.com. Read more »
How Oklahoma Courts View Fathers and Their Rights
In this insightful video, Dillan Savage of Wirth Law Office discusses the evolving landscape of custody matters in Oklahoma courts, emphasizing that fathers now have an equal footing with mothers. Many fathers worry that they are at a disadvantage in custody battles, but Dillan reassures viewers that this is no longer the case. With a focus on fairness, Oklahoma courts assess each parent's capabilities without bias towards gender. Fathers can confidently advocate for their rights, knowing their parental role will be treated with the respect it deserves. For more information, visit TheOklahomaAttorney.com. Read more »
Full Custody for Fathers: What Happens if the Mother’s Unfit
In this insightful blog post, Dillan Savage from Wirth Law Office addresses a crucial question for fathers: Can you secure custody if the mother is unfit? The answer is a resounding yes. If the mother is unable to care for the children, fathers can pursue sole custody. However, it’s essential to demonstrate your fitness as a parent, including your capability, environment, and relationship with the children. In cases where the mother's unfitness isn't obvious, gathering evidence through discovery becomes vital. Join Dillan as he outlines the steps fathers can take to ensure their children's well-being in difficult situations. Read more »
How to Secure a Protective Order During Divorce Proceedings
In this informative video, Dillan Savage from Worth Law Firm addresses the process of obtaining a restraining order, or protective order, during a divorce when faced with threats or abuse. He explains that individuals can initiate this process by visiting the courthouse or relevant agencies to fill out the necessary paperwork, independent of legal representation initially. Documentation such as police reports or personal affidavits may be required to support the application. The court will assess these materials and decide on the immediate need for protection, followed by a later hearing to review the case further. Read more »
A Welcome for Dillan Savage From Graham McTavish
Welcome to the Wirth Law Office, Dylan! While I can't greet you in person from New Zealand, where I'm filming Spartacus, I wanted to send my warmest wishes. Excitement fills the air as our team welcomes you to the Oklahoma City office. I fondly recall my visit to OKC in 1987—such a vibrant place! As a fellow fan of Game of Thrones and The Hobbit, I can relate to the magical experiences those worlds offer. Rest assured, your new adventure at Wirth Law will be far less dramatic than a Tom Cruise thriller. Embrace this new journey, and enjoy every moment! Read more »
Can You Ask To Modify Your Child Support Payment if Your Finance Situation Changes
In today’s post, Dylan Savage of Worth Law Firm in Oklahoma City addresses a common question: Can you modify child support if your financial circumstances change? The answer is a resounding yes. Whether due to temporary setbacks or permanent changes, either party can request a modification to child support calculations. The court understands that life is unpredictable, and it prioritizes fairness for both parents and the children involved. If your financial situation shifts, don’t hesitate to seek a modification. For more insights and assistance, visit theoklahomaattorney.com. Thanks for reading! Read more »
Fathers’ Rights if They Are Found to Not Be the Paternal Father
In this insightful blog post, Dylan Savage of Worth Law Firm in Oklahoma City discusses the important topic of father's rights, particularly for those who have not been legally recognized as the father of their child. If you conceived a child outside of marriage, it's crucial to understand that you may need to initiate a paternity lawsuit to establish your legal rights. Dylan explains the process, emphasizing that many cases resolve amicably, with the other parent acknowledging paternity. However, if disputes arise, a paternity test may be necessary. For further guidance, visit TheOklahomaAttorney.com. Read more »
Common Law Marriage in Oklahoma
In Oklahoma, common-law marriage is recognized, but it operates under unwritten common law rather than statutory guidelines. To be considered common-law married, several factors are evaluated by the court. These include whether you present yourselves as a married couple, whether you have mutually agreed to be married, and if you share joint accounts, file taxes together, and live at the same address. Essentially, if you conduct yourselves as a married couple, despite lacking formal paperwork, you may meet the criteria for common-law marriage. For more insights, visit OklahomaAttorney.com. I'm Dylan Savage of Worth Law Firm, committed to helping you understand your legal rights. Read more »
Do You Have To Continue To Pay Child Support After You Terminate Your Rights as a Parent
In this insightful discussion, Dylan Savage of Worth Law Firm explores the complexities surrounding child support obligations after parental rights termination. The answer to whether you must continue paying child support varies based on the specific circumstances of your case. For instance, if your rights are terminated through adoption and that process is finalized, you typically won’t have to pay support anymore. However, if your rights were terminated involuntarily or through DHS involvement, you may still be liable for child support. For more detailed information, including relevant legal sections, visit theoklahomaattorney.com. Stay informed and empowered about your rights and responsibilities! Read more »
The Process of Filing for Emergency Custody
In this blog post, attorney Dylan Savage from Worth Law Firm outlines the process of filing a motion for emergency custody. When a parent fears their child is in imminent danger, reaching out to an attorney is crucial. They will assess the situation and determine if an emergency exists that warrants court intervention. Essential steps include providing first-hand accounts and submitting a sworn affidavit detailing the risks involved. If the court finds just cause, an emergency order can be granted swiftly, enabling the parent to ensure their child’s safety. For more information, visit TheOklahomaAttorney.com. Read more »
How to Holidays and Summer Visitation Is Handled
Navigating holiday and summer visitation schedules after a divorce or paternity lawsuit can be complex. I'm Dylan Savage from Worth Law Firm, and in today’s discussion, we’ll explore how counties typically manage these schedules. Most have arrangements to alternate holidays between parents, ensuring both get quality time with their children. Though counties have general guidelines, modifications are possible if both parties agree or if there's a compelling case. Summer visitation varies, often allowing for extended time with each parent. For personalized advice or assistance, visit theoklahomaattorney.com. We’re here to help you navigate these crucial family matters. Read more »
What the Court Looks at To Decide Who Is Given Custody and What Is the Arrangement of the Custody
In this insightful post, Dylan Savage of Worth Law Firm explores the critical factors a court considers when determining child custody arrangements in Oklahoma. He emphasizes the court's primary focus: the best interest of the child. Key considerations include the child's physical and emotional needs, parental relationships, and living environments. The court also evaluates any history of domestic violence and the mental health and substance abuse issues of parents. For children aged 12 and older, their preferences may also play a role. Understanding these factors is essential for parents navigating custody decisions. For more information, visit TheOklahomaAttorney.com. Read more »
Can You Get Temporary Orders and Temporary Child Support While Your Case Is on Going?
Welcome to my blog! I’m Dylan Savage from Wirth Law Office in Oklahoma City. Today, we're diving into the topic of temporary orders and child support during ongoing divorce cases. The good news? Yes, you can obtain temporary orders and child support while your case is in progress. Most cases extend over several months, and having a structured arrangement for custody and support is crucial, especially when children are involved. This ensures both parents can provide a stable environment for their kids. For a comprehensive overview and to learn more, visit theoklahomaattorney.com. Stay informed and empowered as you navigate this process! Read more »
What Happens When You and Your Significant Other Need To Make Sure Your Paperwork Is in Order
Welcome to the Worth Law Firm blog! I'm Dylan Savage, based in Oklahoma City, with an additional location in Tulsa. Today, we’ll explore the process of finalizing agreements in paternity or divorce cases. If you and your partner have reached an amicable agreement, an attorney can help ensure your paperwork is correctly prepared. You can come in solo or together to discuss the specifics. I'll assist in drafting your documents, ensuring all necessary notarizations are in place. Depending on your situation, the process can take as little as 10 days. For more information, visit theoklahomaattorney.com. Read more »
The Protections of Afforded to Military Members and Service Members
In today's discussion, Dylan Savage of Worth Law Firm in Oklahoma City explores vital protections for military members during deployment, stemming from the Soldiers and Sailors Civil Relief Act. This legislation safeguards service members from default judgments in legal proceedings, ensuring they aren't caught off guard while serving their country. Key protections include halting any lawsuits initiated before deployment and preventing financial judgments, such as garnishments. Dylan emphasizes the importance of these rights in custody cases and divorce proceedings, allowing service members to focus on their duties without the stress of unforeseen legal challenges. For more insights, visit theoklahomaattorney.com. Read more »
Can a Grandparent Have Rights to a Minor Child?
In Oklahoma, grandparents can seek court-ordered visitation rights with their grandchildren under specific conditions. I'm Dylan Savage from Worth Law Firm, and today, we’ll delve into the criteria for such rights. First, if the minor child lives in an intact nuclear family, visitation may be denied. Next, any request must align with the child’s best interests, a universal standard in custody matters. Finally, the court assesses whether the parents are unfit or if the child risks harm without grandparental involvement. Understanding these factors can empower grandparents in navigating this legal landscape. For more insights, visit TheOklahomaAttorney.com! Read more »
What To Do Before or After Divorce Proceedings When Your Spouse Drains the Joint Account
In today’s blog post, Dylan Savage of Worth Law Firm addresses a pressing issue many face during divorce: what to do if your spouse drains your joint bank account. If this happens before divorce proceedings begin, it's crucial to gather as much documentation as possible to support your case. Once divorce proceedings are underway, protections like the automatic temporary injunction prevent either party from accessing joint funds without justification. Dylan outlines steps to document the issue, notify the opposing attorney, and potentially file motions to compel or for contempt if necessary. For more details, visit theoklahomaattorney.com. Read more »
Can Your Spouse Get Any Part of Your Inheritance in a Divorce?
In this informative post, Dylan Savage of Worth Law Firm explores the critical issue of whether your spouse can claim your inheritance during a divorce or while happily married. Generally, inherited assets are considered separate property, provided you maintain strict boundaries. To protect your inheritance, avoid co-mingling funds; keep inherited money in a separate account, and refrain from granting your spouse access. Properties should also remain untouched to ensure they don't become marital assets. If you keep your inheritance intact and clearly separate from marital finances, it will likely remain yours. For more insights, visit TheOklahomaAttorney.com. Read more »
Can You Enforce a Temporary or Final Order That Your Ex-Spouse Is Violating
In today's discussion, Dylan Savage of Worth Law Firm addresses the critical issue of enforcing temporary or final orders violated by a spouse or ex-spouse. If violations occur, it’s essential to first communicate with the other party, highlighting the breach. Should they refuse to comply, notifying your attorney is the next step, leading to the creation of a motion to enforce. This motion details the order, the violations, and the requested relief, which may include compliance enforcement and attorney's fees. Courts prioritize adherence to these orders, ensuring that they are upheld. For more insights, visit TheOklahomaAttorney.com. Read more »
What the Court Takes Into Account When Deciding if They Are Going To Allow Alimony
In this insightful discussion, Dylan Savage from Worth Law Firm delves into the complex factors courts consider when determining alimony. Key elements include the paying party's ability and the receiving party's needs, with specific attention to the marriage's duration. In Oklahoma, a common guideline suggests one year of alimony for every three years of marriage. Additional considerations include the ages, income potential, and circumstances of both parties, particularly regarding any sacrifices made for caregiving roles. This comprehensive analysis aims to clarify alimony's determination, aiding those navigating this challenging process. For more information, visit TheOklahomaAttorney.com. Read more »
How to Claim Your Share of a Dissident Interest After the Passing of a Joint Tenant
Welcome to my blog! I’m Oklahoma City Attorney Meg Prestidge, and today I’m discussing how to claim your share of a decedent’s interest after a joint tenant has passed away. To initiate this process, you need to prepare an affidavit of a surviving joint tenant. This affidavit must include essential details such as the date, time, legal description of the property, and its county recording location. Don’t forget to attach a certified copy of the death certificate and file everything in the county where the decedent passed. For more insights on estate planning and related matters, visit TheOklahomaCityAttorney.com. Read more »
The Affidavit of Death and Heirship
Hi, I'm Oklahoma City Attorney Meg Prestidge. Today, I want to discuss the Affidavit of Death and Heirship, a legal tool primarily used for severed oil and gas interests. While this affidavit can help avoid probate, it has a narrow statutory application. Notably, an affidavit must be recorded for 10 years before oil and gas companies are likely to honor it. Complicating matters, our statutes remain unclear about how to credit heirs under a will versus those in intestate succession. If you have questions or need guidance on this topic, feel free to reach out at 405-815-7587. Read more »
Understanding the Differences: Revocable Living Trusts, Testamentary Trusts, and Irrevocable Trusts
Hi, I’m Oklahoma attorney Meg Prestidge, and I often get asked about the differences between revocable living trusts, testamentary trusts, and irrevocable trusts. A revocable living trust is created during your lifetime and can be altered as long as you are alive, becoming irrevocable upon your death. In contrast, a testamentary trust is established through your will and comes into play during probate, often set up for specific beneficiaries. An irrevocable trust, however, requires you to relinquish control of the assets, making it a crucial estate planning tool. If you want to dive deeper into these topics, visit theoklahomacityattorney.com. Read more »
Creating a Living Revocable Trust
Welcome to my blog! I'm Oklahoma attorney Meg Prestidge, and today I'm discussing the importance of creating a living revocable trust. This legal tool allows you and your spouse to ensure your assets are distributed according to your wishes, avoiding the lengthy probate process. To get started, you'll need to meet with an attorney, bringing the names and birth dates of your beneficiaries. Trusts can be amended as needed, and you’ll remain in control of your assets during your lifetime. If you’re interested in learning more about setting up a living trust, feel free to reach out at 405-815-7587! Read more »
The Use Of A Tool in Estate Planning: The Life Estate
Hi, I'm Oklahoma attorney Meg Prestige. Today, I want to discuss a valuable estate planning tool: the life estate. This arrangement allows you to retain your interest in property during your lifetime while designating remainder men who will inherit the property upon your death. A life estate can encompass various types of property, from your home to mineral rights. It grants you the right to use and benefit from the property for life, bypassing probate upon transfer. However, selling a life estate can be challenging without the agreement of all remainder men. For more insights, visit OklahomaCityAttorney.com. Read more »
The Difference On A Transfer On Death Deed V.S. Joint Tendency Ownership In Oklahoma
Hi, I'm Oklahoma attorney Meg Prestage! Today, let's explore the differences between a Transfer on Death Deed (TODD) and Joint Tenancy Ownership in Oklahoma. Both methods facilitate asset transfer and help avoid probate, but they operate differently. Joint Tenancy involves two or more individuals sharing equal ownership of an asset, such as real estate. Upon the death of one owner, the surviving owner automatically inherits the deceased's share. In contrast, a TODD allows an owner to designate a beneficiary who inherits the asset upon the owner’s death, without any ownership rights until then. Interested in learning more? Visit OklahomaCityAttorney.com! Read more »
