Oklahoma City Lawyer Blog
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 »
Understanding Affidavit of Death and Heirship: What You Need To Know
Understanding the Affidavit of Death and Airship is crucial for managing severed oil and gas interests. While this legal document can serve to avoid probate, its effectiveness is limited. Even if recorded promptly after a loved one's passing, it may not be honored by oil and gas companies unless on record for a decade. Complications arise when the decedent had a will, as current statutes do not clarify inheritance rights under both testate and intestate succession. Legislation aimed at addressing these ambiguities is pending. Ultimately, probating an estate often ensures a fair marketable value and smoother transitions. Read more »
Revocable vs. Testamentary vs. Irrevocable Trusts: Key Differences Explained
Navigating the world of trusts can be complex, yet essential for effective estate planning. A revocable living trust allows you to maintain control over your assets during your lifetime, becoming irrevocable upon your death. In contrast, a testamentary trust is established through your will during probate, often catering to specific beneficiaries like spouses or children. Meanwhile, an irrevocable trust requires you to relinquish control of the assets, making it a strategic choice for estate planning, especially if you aim to qualify for certain benefits after a five-year period. Understanding these differences is crucial for anyone looking to secure their financial legacy. Read more »
Living Revocable Trusts Explained: Benefits, Drawbacks, and How They Work
Creating a living revocable trust is a powerful way to ensure your assets are managed and distributed according to your wishes, both during your lifetime and after your passing. This estate planning tool helps to avoid probate, simplifying the transfer of your assets. To establish a living trust, it's essential to identify your beneficiaries, including their dates of birth for clarity. Additionally, you’ll need to choose a trustworthy trustee, often yourself or your spouse. Proper execution and titling of assets in the trust’s name are crucial for effectiveness. Explore the benefits of a living trust and safeguard your legacy today. Read more »
Understanding Life Estates: What They Are and How They Work in Estate Planning
Navigating estate planning can be complex, but understanding tools like life estates can simplify the process. A life estate allows an individual to retain ownership rights to a property during their lifetime while designating remaindermen—those who will inherit the property upon their death. This arrangement facilitates property transfer without the need for probate. However, challenges may arise if the life tenant decides to sell; all remaindermen must agree, complicating the transaction. Life estates are just one option in a broader estate planning strategy. Explore your options to ensure your wishes are honored and your assets are protected. Read more »
Transfer on Death Deed vs. Joint Tenancy: Which Is Better for Your Estate Planning?
Understanding the nuances of asset transfer in Oklahoma is essential for effective estate planning. Two common methods are transfer on death deeds and joint tenancy ownership. Joint tenancy involves multiple individuals sharing equal ownership of an asset, such as real estate. Upon the death of one owner, the survivor automatically inherits the deceased's share, thus avoiding probate. In contrast, a transfer on death deed allows an owner to name a beneficiary who inherits the asset upon death without prior ownership rights. This method also circumvents probate and provides flexibility, as it can be revoked if circumstances change. Read more »
Everything You Need To Know about Holographic Wills: Validity, Benefits, & Risks
Holographic or handwritten wills can be a valid option for estate planning under specific conditions. To ensure their legality, these wills must be entirely handwritten, dated, and signed by the creator. It’s essential to clearly state the intention to create a will, detail the items to be distributed, and name the beneficiaries using their full legal names. Common mistakes include using nicknames, which can create confusion. Unlike traditional wills, holographic wills do not require witnesses or notarization, but it’s crucial to inform someone about its existence. Understanding these nuances can help ensure your wishes are honored after your passing. Read more »
Last Will vs. Trust: Which Is Best for Your Estate Plan?
When considering estate planning, understanding the differences between a last will and a trust is crucial. A will outlines your heirs and appoints an executor, but it must go through probate, making your assets public. This can lead to disputes among family members, potentially draining the estate's value due to legal fees. In contrast, a trust can keep your assets private and avoid probate, benefiting your loved ones more effectively. While some may opt for a will due to perceived costs, exploring all options can lead to better outcomes for your beneficiaries. Learn more about choosing the right path for your estate planning needs. Read more »
How To Avoid Probate in Oklahoma: Essential Tips & Strategies
Navigating probate can be daunting, but there are several effective strategies to consider. One option is joint ownership, which allows property to automatically transfer to a surviving tenant upon death. For bank accounts, utilizing a payable on death designation can ensure swift access for beneficiaries. A transfer on death deed offers a similar approach for real estate, allowing heirs to claim their share without probate delays. Additionally, a revocable living trust provides flexibility in managing assets among family members. Finally, strategic gifting can minimize taxable estate value. Explore these options to simplify your estate planning journey. Read more »
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 »
