Latest Family Law Order Oklahoma Supreme Court

Oklahoma Supreme Court’s 2nd Order for Family Law Court

• This Order applies to visitation and parenting time schedules for minor children, whether in divorce, separation, paternity or guardianship actions.

• Specifically, custody and visitation time based on school scheduling shall not be affected by school closures during the COVID-19 pandemic.

• The original school schedule shall control in determining visitation, parenting time or physical custody.

• In addition, custody or visitation orders may be modified by written agreement if allowed by the assigned judge, but will not be enforced unless filed.

• Courts also are allowed to modify orders and should use remote access for modification hearings, if possible.

If you have any questions call Boeheim Freeman Law at 918-884-7791 or visit our website at onyourworstday.com

5 Biggest Divorce Mistakes

Not telling your attorney everything

There is nothing worse than being in the middle of a hearing and having your attorney surprised by something you should have told them. The skeletons in your closet will eventually come out. You might as well tell your attorney before it costs you in court.

Not being civil with your soon to be ex-spouse

Demonstrations of anger, outbursts of frustration, and just plain rudeness looks very bad to the judge. It makes you look like the crazy one. Not only is it an issue in court, but even in general it puts everything at risk. If your child sees it, they may tell someone, and then you are alienating your child. At the very least it could cost you credibility with the court. At the very worst, it could get you into court ordered therapy for your anger issues.

Not recognizing everything is recorded

With the permanency of emails, text messages, and social media everything has a shelf life of forever. Before you put something in writing or take a video, ask yourself, “Would I want the Judge seeing or hearing this just before ruling on the custody of my minor children?” Consider every interaction, with your soon to be ex-spouse, is being recorded.

Not taking alienation seriously enough

Yes, we get it. You are mad at your soon to be ex-spouse. That doesn’t mean you should talk about the court proceedings with the minor children. Don’t talk about the case. Also, don’t speak poorly of your child’s other parent in front of the minor children. There is no quicker way to loss visitation, or even custody than alienating the minor children with your words or your actions.

Not writing all agreements down

Verbal agreements, and even poor written agreements, allow the parties to blur the lines. This can lead to more time in court and more legal expenses. Whenever there is an agreement reached, 1) put it in writing, 2) cover all of the topics, 3) be very specific. Not effectively writing agreements down, and filing them with the court, increases your risk of further litigation ten fold.

Author: Ciera N. Freeman

Boeheim Freeman Law - onyourworstday.com

Child Custody - Battle or Balance?

What is “Best Interest of the Child”?

When you are involved in a child custody battle, whether it is from a divorce or a paternity case, it is a difficult to maintain a balance between your compassion, your fears, and your frustrations. Should you be aggressive? Should you crush the other parent? Should you be in total control, or should you be kind, caring, and compassionate towards the other parent? Believe it or not, there is a right answer. What is in the best interest of your child?

But, how do determine what that means? After years of experience doing child custody cases and working with children through that process, it became clear that children need four things:

• Unconditional Love

• Stability

• Safety

• Truth

Unconditional Love

Love without conditions. This means to love unselfishly. To care about their happiness first and being willing to do anything in order provide them happiness without expecting anything in return. In other words, unconditional love is given without expecting or even really caring if that love is reciprocated.

Stability

Order and continuity are essential to maintaining a child’s mental and emotional well-being. A stable environment provides a sense of constancy and predictability. Routine is an essential component of a child’s overall well-being. Although many adults perceive children as liking surprises and spontaneity, their enjoyment for the unpredictable emerges from a knowledge that they can and will return to a stable and reliable routine; something they can trust to be real and they can count on.

Safety

Stability feeds right into the issue of safety. Does the child feel safe and secure in their home and in their relationships. Are there strangers coming in and out of the house that make them feel afraid? Do the adults in the home behave unpredictably due to substance abuse or a lack good coping skills? Are disciplinary standards appropriate and consistent? Is conflict effectively dealt with in the household? Children are very sensitive to these dynamics and absorb everything around them. If the world around them is chaotic and perilous, their behavior will reflect that.

Truth

Kids don’t like to be lied to and most of the time they know when it’s happening. It is important for children to be able to trust their parents. Moreover, it is important that parents tell children the truth, so that they can learn healthy coping skills. Children learn from adults and it does not set a good precedent to teach them that it is acceptable to lie. If truth is a vague and optional concept it tends to undermine the love, stability, and safety that are so crucial to a child’s development and well-being.

Conclusion

It is important to find an aggressive and compassionate attorney who can help guide you. Make sure your attorney is thinking about the best interest of your child, and not just about their own wallet. The best Tulsa attorney will help to ensure everyone is working to create a solution that is in the best interest of your child, but is not afraid to fight when the other side can’t be rational.

Author: Lauren Stanley, MSt

Brought to you by Boeheim Freeman Law (918-884-7791)

Medical Marijuana & Child Custody in Oklahoma

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

Should Grandparents Have Rights?

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.

Author Brian J. Boeheim of Boeheim Freeman Law

Boeheim Freeman Law - Grandparent Rights

The State of Oklahoma Statute