Oklahoma Fathers Rights
What to Expect From a Protective Order Case in Oklahoma?
In this blog post, Tulsa father's rights attorney Brian L. Jackson discusses what to expect from a protective order case in Oklahoma. He emphasizes the importance of not trying the case on the first court appearance and instead requesting time for discovery. Jackson explains that discovery allows the defendant to gather evidence, ask questions to establish credibility, and review the other side's evidence. He warns against playing trial by ambush and highlights the strategy of prosecutors to present as much evidence as possible to convince the judge to grant a protective order. Jackson advises requesting a bench trial on the merits after discovery is complete, where witnesses, testimony, and exhibits are presented. He also mentions the possibility of requesting attorney's fees if the protective order is successfully dismissed. Read more »Can People with a Protective Order against Them Still Possess Firearms in Oklahoma?
In Oklahoma, individuals with a final protective order (PO) are prohibited from possessing or purchasing firearms under federal and state law. This issue has recently been brought before the Supreme Court, with arguments being made about the constitutionality of this provision under the Violence Against Women Act (VAWA). While the legal arguments are complex, it's essential to understand the serious consequences of having a PO against you. Not only can it affect your rights to possess a firearm, but it also impacts custody and visitation rights. Courts view POs as a negative factor when considering custody, putting individuals at a disadvantage. It's crucial to take these matters seriously and seek the assistance of a knowledgeable attorney. At Dads.Law, we prioritize fathers' rights and can provide the legal support you need. Read more »
How to Avoid Common Protective Order Pitfalls in Oklahoma?
In this blog post, Tulsa father's rights attorney Brian L. Jackson discusses common pitfalls to avoid when dealing with protective orders in Oklahoma. He acknowledges that unfortunately, men often face more challenges in this area than women. Jackson stresses the importance of watching what you say and avoiding any kind of threats, even legal ones, as they can easily be misconstrued. He also advises maintaining professionalism, especially if your partner knows how to push your buttons, to prevent saying something that could harm your case. Although protective orders can be beaten, Jackson emphasizes the importance of avoiding this situation altogether and seeking the assistance of a good lawyer if needed. Read more »How Can You Maintain in Contact with Your Child if You Are Incarcerated in Oklahoma?
Incarceration can be a difficult and challenging period, especially when it comes to maintaining contact with your child. As a Tulsa Fathers Rights Attorney, I understand the importance of preserving the parent-child relationship even in these circumstances. While your court order may play a role, it's crucial to take proactive steps to stay connected. Consider arranging visitation while in custody or having someone act as a stand-in to keep in touch. Writing letters, sending cards, and even sending gifts can help nurture the relationship. Remember, neglecting this connection could lead to unwanted legal complications. If you're concerned about your rights as a father during your time in prison, seek the assistance of a knowledgeable lawyer like those at Dads.Law. Fathers are not disposable—we're here to support you. Read more »What Happens to Your Visitation Rights if You Are on Deployment?
In this blog post, Tulsa father's rights attorney Brian L. Jackson addresses the concerns of deployed service members regarding their visitation rights. He explains that if a parent is deployed abroad, it may not be possible for them to exercise visitation in person. However, under Title 43, they have the authority to appoint a stand-in to exercise visitation on their behalf. Additionally, utilizing video call apps like FaceTime can provide an alternative means of maintaining contact with the child. Jackson emphasizes the importance of seeking legal counsel and making arrangements in advance to ensure smooth visitation during deployment. Dads.Law is recommended as a trusted resource for fathers seeking assistance with their legal rights. Read more »What to Do if You and Your Child’s Mother Disagree on Parenting Decisions in Oklahoma?
In Oklahoma, when parents have disagreements on important parenting decisions, such as values, medical choices, or school placement, there is a solution: appoint a parenting coordinator. This professional, whether a legal professional or counselor, acts as a referee to help build consensus between the parents. In extreme cases where agreement is impossible, the parenting coordinator may be given the power to make a judgment call, which would have the force of a court order until the court intervenes. While using a parenting coordinator can be costly, it serves as an incentive to resolve issues before they escalate. If you have questions or are in the midst of a custody dispute, seek the guidance of a qualified attorney at Dads.Law, where fathers are prioritized. Read more »What to Do if Communication with Your Ex Goes Wrong during a Family Law Case in Oklahoma?
In this blog post excerpt, Brian L. Jackson, a Tulsa father's rights attorney, discusses what to do if communication with your ex goes wrong during a family law case in Oklahoma. He advises that if you say something inappropriate or stupid, it is important to inform your legal counsel about it. He suggests getting out of the situation and not letting it escalate further. If you did something wrong, he recommends owning up to your responsibility and admitting your mistake. Jackson explains that judges want to see that you recognize your error and are taking steps to correct your behavior, which may include taking a parenting class or other actions. He also emphasizes the importance of having a lawyer to guide you through the process. Read more »How to Communicate with Your Ex during a Family Law Case in Oklahoma?
In this blog excerpt, Tulsa father's rights attorney Brian L. Jackson discusses the importance of effective communication with an ex during a family law case in Oklahoma. He emphasizes that joint custody is the starting point in Oklahoma family law, assuming there are no serious issues with either parent. However, he acknowledges that communication can be challenging, especially in high-conflict situations. Jackson recommends using text messages as a means of communication, as they provide a written record. However, he cautions against deleting or cherry-picking messages, as their value lies in their completeness. For cases with higher conflict, he suggests using parenting apps that have tamper-proof messaging features to create a complete record of communication. Jackson highlights the benefits of such apps and suggests seeking the assistance of a good lawyer, such as those at Dads.Law, for further guidance. Read more »
How Can You Secure Your Phone during a Family Law Case in Oklahoma?
In this blog post, Tulsa father's rights attorney Brian L. Jackson discusses the importance of securing your phone during a family law case in Oklahoma. He shares a recent case where a client's ex-wife gained access to his phone, leading to legal complications. Jackson explains the admissibility of evidence obtained without permission, depending on whether it's a state actor or a private party. He also highlights the authentication process for documents obtained through intrusive means. To prevent such situations, Jackson advises setting up passwords or biometrics on your device to protect sensitive information. He emphasizes the need for a good lawyer in cases involving privacy or children, directing readers to dads.law. Read more »
Can Your Child’s Cellphone Be Searched at School in Oklahoma?
In this blog post, Tulsa father's rights attorney Brian L. Jackson discusses the rights of children in private and public schools in Oklahoma. Jackson highlights that while public schools are subject to constitutional law, private schools have different regulations. He focuses on the issue of searching a child's device, such as a cell phone or tablet, without probable cause for disciplinary purposes. Jackson argues that this type of search is unlikely to be permissible, as it does not constitute an immediate security threat. He also references a recent court case involving explicit photos on a minor's phone, which highlights the importance of probable cause in such searches. Jackson advises parents to seek legal counsel if their child is asked to unlock their device at school. Read more »
What Are Your Child’s Search and Seizure Rights in Oklahoma Schools?
In this blog post, Tulsa attorney Brian L. Jackson discusses the search and seizure rights of children in Oklahoma schools. Jackson explains that while children do have some protection under the Fourth Amendment, the rules in school are different than in other situations. Schools can search a child if they have a reasonable suspicion that the child possesses something disruptive or dangerous. However, if the search is for law enforcement purposes, like suspected drug possession, probable cause is required. Jackson also emphasizes that the search must be reasonable and gives examples of what types of searches may be considered reasonable. He hints at discussing a case involving the search of a cellular device in a future video. Jackson concludes by reminding readers to seek legal help if their child has been searched at school. Read more »
How Does Marriage Affect Your Rights as a Father in Oklahoma?
In Oklahoma, getting married can have a significant impact on your rights as a father. As a married husband, you are presumed to be the father of your child, giving you the same rights as the mother. This can be advantageous if you are in a serious relationship and considering marriage. However, it's important to note that marriage should not be entered into lightly, as it involves more than just legal considerations. If you have questions about your rights or need legal advice, Dads.Law is a trusted resource for fathers in Oklahoma. Remember, fathers are not disposable, and understanding your rights is crucial for a successful co-parenting journey. Read more »
How to Build a Strong Modification Case When Visitation Is Denied Due to Alienation in Oklahoma?
In this blog post, Tulsa father's rights attorney Brian L. Jackson provides insights on building a strong modification case when visitation is denied due to alienation in Oklahoma. Jackson advises that in order to make a successful case, it is crucial to show the court that the other party's behavior is not in good faith and that there are no legitimate reasons for withholding visitation. He discusses the common responses of claiming that the kids don't know the parent or don't want to visit. Jackson suggests the use of expert testimony, especially from professionals experienced in child psychology, to counter the alienation claims. He also emphasizes the importance of addressing any allegations and considering tools like general discovery, depositions, and even psych evaluations if necessary. Jackson warns against owing child support and highlights the need for good legal counsel in navigating the complex and potentially expensive custody battle. Read more »
How Can a Motion to Modify Help Enforce Oklahoma Custodial Orders When a Parent Refuses Visitation?
In situations where a parent refuses to comply with a visitation order, a motion to modify can be a useful tool to enforce custodial orders in Oklahoma. Failing to follow a court order can be considered a material change in circumstance and can impact the best interest of the children involved. Alienation and denying a relationship with the other parent without valid reasons are generally viewed as contrary to the children's best interest, which can be grounds for filing for custody. However, it's important to note that for a motion to modify to be successful, there needs to be a long-term pattern of behavior rather than just one or two missed visits. It's crucial to be prepared for complicating factors, such as the children's preferences or lack of familiarity with the parent seeking visitation. Seeking good legal counsel from firms like Dads.Law is essential to navigate these complex situations successfully. Read more »
How Can Contempt of Court Be Used to Enforce Custody and Visitation Orders in Oklahoma?
In this blog post, we discuss the option of using contempt of court to enforce visitational orders when dealing with a parent who is withholding access to their child. While a motion to enforce is a quicker and less expensive method, contempt offers certain specific types of relief, including the possibility of jail time for the non-compliant parent. However, pursuing contempt can be a lengthy process, as it competes with other family matters on the court docket. Additionally, if the parent demands a jury trial, further delays may occur. Nonetheless, if you are dealing with a particularly difficult situation, filing for contempt may be an option worth considering. For expert legal assistance, visit dads.law, where fathers are valued and supported. Read more »
How to Enforce Custody and Visitation Orders in Oklahoma When the Other Parent Refuses to Comply?
In this blog post, Tulsa father's rights attorney Brian L. Jackson discusses the options available to fathers when their co-parent refuses to follow a custody and visitation order. Jackson explains that the primary weapon in this situation is a motion to enforce, which can be filed under Title 43. This motion asks the court to order the other parent to comply with the existing order. Jackson outlines some specific types of relief that can be granted, including make-up time for missed visitation, temporary custody in extreme cases, and even requiring the non-compliant parent to pay a bond. He also mentions the possibility of recovering attorney's fees if successful with the motion. However, Jackson advises that if there are legitimate concerns for the children's safety, the non-compliant parent may file a notice of suspension, which can complicate the situation. He emphasizes the importance of hiring a good lawyer who understands the specific circumstances and can navigate the legal process effectively. Read more »
How Can Married Fathers Protect Their Custodial Rights When Facing a Divorce in Oklahoma?
In this blog post, Tulsa father's rights attorney Brian L. Jackson discusses the options available to fathers who are facing a divorce and potential custody battle. Jackson emphasizes that fathers are not disposable and highlights the importance of understanding one's legal position as a married father compared to an unwed father. He explains that, as a married father, you have equal rights and can enforce your custodial rights through the court system. Jackson also touches on potential actions such as filing a habeas writ or seeking emergency custody if the situation calls for it. However, he advises against resorting to self-help strategies and emphasizes the need for good legal counsel in such situations. Read more »
What Should Unmarried Fathers Do to Secure Their Custodial Rights in Case of a Divorce in Oklahoma?
In this blog post excerpt, the author discusses the importance of enforcing custody and visitation rights for unmarried fathers. They highlight the need to file a paternity action in district court to establish legal rights to the child. Until the father receives adjudication as the child's parent, they have no rights and the mother can control visitation. The author advises quickly filing for paternity, although there may be a wait for a hearing date, especially in busy counties like Tulsa. They also mention the option of a friendly suit, where both parties agree to enter an order ahead of time to protect the father's rights in case of a breakup. The excerpt concludes by mentioning the difference in legal outlook for married and unmarried fathers, encouraging legal counsel for paternity cases. Read more »
What Are Your Legal Remedies After a Protective Order is Dismissed in Oklahoma?
In this blog post, Tulsa Fathers Rights Attorney Brian L. Jackson discusses the aftermath of protective orders (POs) and the potential options available to those who have successfully beaten a PO. He starts by addressing the possibility of recovering the cost of your attorney. Jackson explains that obtaining attorney's fees can be an uphill battle, as the court needs to make certain findings, such as the absence of a victim and the frivolous nature of the case. He advises seeking legal counsel for this process, as determining what is reasonable and presenting the case properly requires expertise. Expungement is another option discussed by Jackson, which allows individuals to wipe the black mark of a dismissed PO off their record. However, expungement is not possible if a final protective order was entered. Jackson explains the process of filing a petition for expungement and the potential benefits it can provide, such as avoiding issues in custody litigation and background checks. To navigate these options effectively, Jackson recommends seeking the assistance of a good attorney and suggests Dads.Law as a reliable resource for fathers seeking legal representation. Read more »
What to Expect at Trial on the Merits in an Oklahoma Protective Order Case?
In this blog post, Oklahoma fathers' rights lawyer Brian L. Jackson discusses what to expect at trial on the merits of a Protective Order (P.O.) case. He explains that P.O. cases are tried to the bench, meaning there is no jury involved. The burden of proof is on the petitioner, who filed for the P.O., and it is a preponderance standard. Jackson advises that while you are not obliged to prove anything, it is important to be able to rebut any allegations made by the petitioner. He also highlights the four main grounds for a P.O.: harassment, stalking, domestic violence, and the threat of domestic violence. Jackson emphasizes the importance of good legal representation and preparation for trial. Read more »
