If you have a case involving any
of the following, we can help:
Divorce
Paternity
Child Support
Visitation
Child Custody
Post-Decree Modification
Contempt Citation
Guardianship
Emergency Order
Adoption
It is important that you take the proper action in your case from the very beginning. You will have to live
with for the rest of your life the decisions that you make now as you are confronted with a family law legal matter.
Because of various political organizations,
their propaganda, and many prevailing outdated beliefs, fathers are portrayed as uncaring, unwilling, and incapable of caring
for their children. This simply is not true.
From my experience, most fathers are hard working people who love their children and do everything possible to give
their children all that they can. Unfortunately, sometimes fathers find themselves involved in a divorce, often not by choice,
that simply turns their entire life upside down and jeopardizes their existing relationship with their children. Many
times, these fathers end up being victimized by outrageous amounts of child support and very limited visitation with their
children.
After the Divorce or
Paternity Order
If the divorce has already come and gone and you happen to now find yourself in the position of the non-custodial
parent, there is still hope. You may have the right to appeal your case.
With luck, you will be able to maintain a relationship with your ex that has the
children's interest at heart. However, in many cases, this does not happen. You can find yourself in a very frustrating
position where you feel like your children are slipping away from you and there is nothing you can do. Well, there are
things that you can do.
If you are the noncustodial
parent, there are a few things that you should know:
1. You are entitled to all of your children's records.
Oklahoma law provides that unless
specifically ordered otherwise by the court, you are entitled to the same access as the custodial parent to all records concerning
the children including school, medical, etc.
2. You have an absolute right to all visitation ordered by the court.
You are entitled to the visitation ordered
by the court and Oklahoma law provides a procedure to enforce these rights. However, you must be proactive and fight
for these rights. If your visitation is less than that outlined in the standard visitation
schedules, you should contact us to discuss the possibility of modifying your divorce decree to provide you with more visitation.
If you have been denied visitation, I suggest
that you contact us immediately. You have many rights. However, it is up to you to exercise these rights. Your
rights will not come looking for you.
You must be proactive.
3. You are entitled to pay child support in accordance with the child support guidelines.
In
many cases, the amount of child support is calculated with inaccurate information. This can lead the unsuspecting person
to pay more child support than is necessary or required. In other cases, the child support is so high it just feels
like you are paying too much when in fact you are paying the proper amount.
Oklahoma law provides a procedure to modify child support. Oklahoma law also
provides a procedure to request the income information of the other parent each year so that you can determine whether or
not you are paying too much or receiving too little support. If you feel that you may be paying too much or not receiving
enough child support, contact our office.
4. You can be awarded custody and you can modify custody and visitation.
Traditionally, the simple truth was that the mother nearly always
got custody. The father did not stand much of a chance. However, some courts are beginning to seriously consider
the father as the custodial parent in certain cases. It definitely is not easy for a father to get custody, but, it
can be done under the right set of circumstances.
Initial custody determinations: At the time of the divorce or paternity proceedings, the court
will award custody based on what the court believes to be in the best interest of the children. This is the best shot you
will have in most cases. I believe this is a much easier standard to meet than the standard required to modify a custody
order.
Post Decree Modifications:
This is when it gets tougher. In order to modify custody after the divorce has been entered, you must prove
that there has been a permanent, substantial, and material change of conditions which directly affects the best interests
of the minor child, and, as a result of such change in conditions, the minor child would be substantially better off, with
respect to her temporal, mental, and moral welfare, if the requested change in custody be ordered.
Post Decree Custody modifications are in my opinion are very difficult. However,
there are many cases where the custodial parent should have never had custody to begin with. When given enough rope, these
people usually hang themselves. This can present an excellent opportunity to modify custody.
The bottom line is that you must do what you feel is right. If you feel that
you should have custody, you should consult with an attorney.
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