Rogers County, Oklahoma, is home to a unique legal landscape shaped by the interplay between state and tribal jurisdictions. The Role of Tribal Courts is important and is best set out in the landmark U.S. Supreme Court decision in McGirt v. Oklahoma (2020), which reaffirmed that much of eastern Oklahoma remains tribal reservation land, the role of tribal courts in…
Failing a DHS ISP can come with severe consequences. When the Oklahoma Department of Human Services (DHS) becomes involved in a family’s life, the agency often requires parents or guardians to complete an Individualized Service Plan (ISP). This outlines steps the parent must take to address concerns and demonstrate their ability to provide a safe and stable environment for their…
Enforcing alimony in Claremore can be a daunting endeavor. Alimony, also known as spousal support, is a court-ordered payment from one spouse to another after a divorce to help maintain financial stability. While the courts in Claremore and Rogers County issue alimony orders based on various factors, enforcing those payments can sometimes be challenging if the paying spouse refuses to…
Many of our clients facing divorce want to know how the courts divide marital debt in a divorce, as well as property. Property division is often as equitable as possible. This doesn’t mean equal, but fair based on income and sacrifices made during the marriage for the partner. However, debts are slightly different. While equitable division is the general basis,…
The justice system takes complaints of domestic violence seriously. However, domestic violence in the presence of a minor is a crime the courts deal with harshly. Children witnessing domestic violence often have psychological repercussions of anxiety and feelings of helplessness as a result. Due to this research, the courts attempt to protect children from repeat events through severe penalties. Defining…
Knowing the rights of a foster parent is important to ensure you can advocate for the children and fulfill responsibilities. Foster parents in Oklahoma play a crucial role in providing temporary care and stability for children who are unable to live with their biological families. Oklahoma law provides several rights to foster parents to support them in this important role….
Guardianship of a child is a legal process where a guardian is appointed to manage the personal, medical, and financial affairs of a minor or an incapacitated person. In Oklahoma, guardianship can be full, where the guardian has comprehensive powers, or limited, where the guardian’s powers are restricted to specific areas defined by the court. Guardianship of a Child Starting…
Fathers rights refer to the impact that a parent’s gender will have in their custody battles and the parental rights that they both have and will receive. Oklahoma law does not differentiate between fathers’ and mothers’ rights when it comes to custody. The primary focus of the court is always the best interests of the child. This means that, legally,…
Understanding the distinctions between child neglect and child endangerment is crucial for parents, caregivers, and anyone involved in child welfare. In Oklahoma, both offenses are taken seriously, but they differ in definition, context, and legal consequences. Clarifying these differences can help individuals recognize and address these issues appropriately. Child Neglect Child neglect in Oklahoma refers to a parent or guardian’s…
In Oklahoma, grandparents may be able to get emergency custody of their grandchildren under certain circumstances. A court typically grants emergency custody when the child’s safety and well-being are at immediate risk, requiring swift legal intervention. Here, we’ll discuss the conditions needed, the steps to follow for a grandparent getting emergency custody, and what it means for now and the…