While in a divorce, it is critical to modify your will, trusts, and advanced directives. Forgetting to do so, can lead to disaster if the worst was to happen. Protect yourself with a knowledgable and experienced attorney. Author: Ciera N. Freeman - Boeheim Freeman Law
Oklahoma once again surprises many with HB 2468 authorizing gestational surrogacy. Gestational surrogacy is different from genetic surrogacy in that the surrogate is not genetically related to the child. The egg comes from a donor or the intended parent, not the surrogate. Fertilization takes place in vitro. This opens the door for male-male couples to have children.
The Governor signed this bill on May 24th and it went into effect immediately under the bills emergency clause. The statutory process provides for court approval of the agreement between the intended parent or parents and the surrogate. The bill is very specific about the requirement in order for a surrogate to qualify. There is a great deal of detail on the terms of contracts and the content necessary to be put in the petition seeking judicial approval.
If you have questions and want to investigate if this is right for you give us a call at 918-884-7791.
Oklahoma Medical Marijuana Law
Marijuana Licensees with Minor Children:
No medical marijuana license holder may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this law, unless the person's behavior creates an unreasonable danger to the safety of the minor. 63 O.S. § 425A(D) (OSCN 2019), Medical Marijuana
Marijuana Licensees - Protect Yourself Against Claims of Neglect
Parents who are licensed marijuana users are expected to act with the same precautions as those who are prescribed other controlled substances. As with all medications, keep medical marijuana our of plain sight, out of the reach of children, and in properly labeled containers; and take medical marijuana in proper doses and during times when is does not inhibit your ability to parent. Never drive with children after medicating. In a home where there are duel patients who are parenting, alternate intake of the medication to ensure that one parent is alert and capable of taking care of an emergencies that may arise.
Marijuana Licensees - What to do DHS or Family Court Gets Involved
Sensible use and safe storage of prescribed marijuana when children are in the home of the licensee affords protections to the licensee from DHS or family court interference with child custody. If your licensed marijuana usage becomes an issue in your child custody or DHS case, call the family law attorneys at Boeheim Freeman Law. 918-884-7791
It has been a harsh flu season. See how hard Oklahoma has been hit. The map found at the link may help you decide whether to travel or not.
Nuclear or Extended Family
Whether grandparents have rights is not a complex question. The underlying premise is that an extended family (grandparents, aunts, and uncles) is healthier and advantageous to the social and mental health of a child. It goes without saying that a nuclear family, mom and dad, is the most important component of a child’s cognitive skills and emotional well-being, but the extended family plays an enormous part in the educational advancement of children.
Extended Family Improves a Child’s Educational Success
Research and work done by Mads Meier Jæger, a Professor at the Department of Education, at Aarhus University shows that the extended family contributes significantly to the total effect of family background on educational success. -Link to Research- In short, the interaction of grandparents with the parents and with the child have a greater impact on improving the child’s educational success than other factors, including improved economic or social status.
What Does This Mean?
In most cases, a healthy amount of grandparent interaction can make all of the difference to a child’s healthy upbringing. Obviously, a parent should insure the safety and well-being of their child. If a grandparent is abusive, or is placing the child at risk, they should not be given the opportunity for visitation without supervision, but in most cases a child needs the multi-generational stimulation provided by their grandparents.
As I reflect on the past year, it strikes me that one of our country’s greatest struggles is to provide the children of this world with positive role models. Parents are the first and arguably the most important role models any child can have. Whether it is a mother and father, two mothers, or two fathers; it is imperative to provide every child with the greatest opportunity to view and experience strength, wisdom, and compassion.
The Pain of Separation
Studies have shown that when parents are affectionate and supportive, it greatly affects a child’s cognitive and social development. It also instills an overall sense of well-being and self confidence. Too often a child is separated from one or both of his or her parents. Illness, accident, or apathy prevents far too many children from enjoying the diversity and the breadth of knowledge that two parents can provide. One parent or grandparents may do a marvelously heroic job caring for a child, but parents are truly a blessing to a child’s development.
Anger’s Effect on Children
When parents decide that they are no longer compatible partners in life, the inevitable result is that the children will be marginalized. It is not intended, or desired, but it is a fact. Very seldom is there an amicable dissolution of a marriage. There is anger, frustration, and remorse that festers in the bowels of almost all divorce action. These emotions tend to be highlighted during the negotiation and litigation of child custody and visitation. Not only will these efforts limit one of the parent’s ability to contribute to his/her child’s growth, but it will also impact the perception that the child will have of each parent, permanently damaging their strongest role models.
Each parent should fight for their children. They should fight with their last breath to insure that their child is provided the greatest opportunity to have complete and effective role models. We all want our child to say to themselves, “I hope to find someone that is strong, smart, and loving; like my mother/father.” This is why when you are going through a divorce that involves child custody and visitation, you must set aside the anger. You must set aside the frustration. You must set aside the remorse. You must be a better person for your children and demonstrate for them strength, wisdom, and compassion.