Oklahoma Fathers Rights
Visitation: Monitored vs. Supervised
Family law attorney Clint Hastings explains the difference between monitored and supervised visitation in this video. Supervised visitation involves a professional or agreed-upon third party being present for the entire visitation, while monitored visitation means the supervisor checks in randomly during the visit. Monitored visits often follow a period of supervised visits, particularly in cases involving past substance abuse issues. Parents under monitored visitation can go out in public but must share their schedule with the monitor. Reports are typically written by the professional monitor, detailing any observations or concerns. Both mothers and fathers can be subject to either type of visitation. Read more »
Visitation: Ending Supervised Visits
If the court has ordered you to supervised visitation—and for this question, I’m assuming professionally supervised visits—you might be wondering how long it will last, especially if the court didn’t specify a timeframe. In most cases, the court will simply set a review date. You'll begin supervised visits, and after a certain period—often a few months—you’ll return to court to review how things are going. How long you stay on supervised visits depends on a few factors: How well the visits go Whether any issues arise during supervision And importantly, whether you’ve complied with other court-ordered requirements like drug testing, parenting classes, domestic violence or anger management programs. Read more »
Visitation: Supervised Visitation Triggers
When Are Supervised Visits Ordered, What Parameters Are Involved, and Should You Agree to Them Even If the Judge Might Not Order It? Generally, supervised visits are intended to ensure that your children are safe in your care. Sometimes, the court orders them out of caution, even if there’s not strong proof that they’re necessary. And to be clear, sometimes these orders are also issued against the mother—it just depends on the circumstances. But here, we’re focusing on your position as the father. Read more »
Visitation: Supervised Visitation Guide
In this video, Tulsa attorney Clint Hastings explains what supervised visits mean for fathers seeking visitation rights with their children. Professional supervised visits involve a third party observing the visit and may cost between $40 to $50 per hour. Alternatively, parties can agree on a mutual third party to supervise, like a family member or friend. Professionally supervised visits come with documentation while informal supervision does not. Clint promises to delve into when to agree or fight supervised visits and what parameters should be considered in the future. Read more »
Getting Served: Self-Service for Divorce in Oklahoma
Clint Hastings, a fathers' rights attorney in Tulsa, Oklahoma, addresses the common question of whether one can serve divorce paperwork to their spouse personally. The answer is yes, with the spouse needing to sign a specific form to acknowledge receipt. By handling the service themselves, individuals can save on the cost of hiring a process server, although it may not be the best option in all cases. Factors to consider include the nature of the relationship and whether it would be more amicable to receive the paperwork directly. However, caution is advised in cases involving domestic violence or volatility. Read more »
Getting Served: Should You Warn Your Spouse?
Attorney Clint Hastings discusses the question of whether to inform a spouse about upcoming divorce papers. Some couples openly discuss divorce before filing, making it easy to give a heads-up. However, serving papers can lead to raw emotions, making communication tricky. Warning your spouse might be beneficial, but surprising them with a process server could be an option. Serving papers in public places is generally not recommended as it can lead to bitter outcomes. These decisions are crucial, and seeking legal guidance is advisable to navigate through them effectively. If you have questions, contact the attorney's office for a consultation. Read more »
Getting Served: What is "Service by Publication"?
In previous videos, we’ve discussed different issues regarding serving divorce paperwork to your spouse. In this video, we’ll cover the scenario where you cannot locate your spouse, despite reasonable efforts. Let’s say the process server has tried multiple times to find them. They may have done what’s called a skip trace or searched databases to locate your spouse. This situation usually comes up when the parties have been separated for quite some time. If your spouse doesn’t respond, you can request a default order in your favor. However, these default orders can sometimes be vacated if your spouse later appears in court. Read more »
Getting Served: What is "Drop Service"?
Attorney Clint Hastings explains the concept of drop service, a method used when serving legal paperwork becomes difficult. In Oklahoma, drop service is considered a reasonable means of serving the papers if done correctly. The process server must document the incident in an affidavit, ensuring that the person was aware of the dropped paperwork. Various scenarios, from dropping papers in front of someone to throwing them at a moving car, are discussed to differentiate what constitutes valid drop service. Stay tuned for more insights on serving legal documents when dealing with elusive spouses. Read more »
Getting Served: Strategies for Difficult Service
What do you do if your spouse is dodging the process server? Tulsa Dads.Law attorney Clint Hastings sheds light on this common issue in divorce cases. When a spouse actively avoids being served divorce papers, it can complicate the legal process. From running out the back door to avoiding the doorbell altogether, the lengths some go to avoid service can be surprising. Learn from Clint Hastings how to handle this situation. Stay tuned for more tips on drop service in the next video. Read more »
Visitation: Enforcing Your Rights in Oklahoma
Clint Hastings, an attorney in Tulsa, Oklahoma, discusses how to enforce visitation rights when a parent wrongfully withholds them. He explains the statute that allows a parent to withhold visits in cases of suspected neglect or abuse, but emphasizes that withholding visits on a whim is not a valid reason. Clint advises parents to file a motion to enforce visitation rights within 21 days, as required by statute. The court can order makeup visitation, require a bond for future visits, or even change custody if wrongful withholding continues. Additionally, legal fees and court costs may be awarded if visitation rights are wrongfully withheld. Read more »
Getting Served: Location Rules for Divorce
A Tulsa attorney specializing in fathers' rights discusses the different ways to serve legal paperwork to a spouse, and the potential awkwardness that can arise. It could be done at work, home, or some other frequented place, with some preferring to avoid embarrassment while others don't mind. Serving the spouse wherever they can be found is an option, even if it means an unexpected knock on the door. The process depends on the ease of serving the person, and arrangements can be made for a smooth process. Stay tuned for more advice on handling situations where the spouse is evasive or trying to avoid service. Read more »Getting Served: What Happens in Divorce?
How will your spouse get served the divorce papers? Hi, I′m attorney Clint Hastings. I focus on father′s rights here in Tulsa, Oklahoma. And this is a question I get quite a bit, surprisingly. I′d say one out of every five to ten clients wants to know exactly how their spouse is going to be served with the paperwork. Now, this can be for several reasons, and I′m going to go into some basics here. And then we′re going to talk about actual legal requirements under the statutes of service in a couple of other follow-up videos. So, first of all, you file the divorce paperwork. We file it. We get the summons and the petition for divorce and often an application for what′s called temporary orders. And we need to get those to your spouse. How do we do it? We usually do it by a process server. You can also do it by hiring the sheriff′s office, paying a fee, and they will serve your spouse with the paperwork. However, you can do it different ways. One is by certified mail, another is by publication in a paper, if you can′t find them. And we′ll get into that in another couple of videos. But people sometimes overlook this issue, and it can be important in a volatile relationship or split, especially if one party is trying to escape domestic violence. In other words, they don′t want the paperwork to be served on the other′s spouse, and when they′re in a position where they haven′t left the home yet or there′s not some other kind of order in place protecting them from that person, such as a protective order. In the next few videos, I′m going to talk about how service is done and more about how to utilize service, what′s the best way to go about it when you have some of these issues. Thanks for watching. Look over the site. Let us know if you have similar questions, and we will try to answer those for you. Feel free to give us a phone call for a consultation any time. Thanks. Read more »
Common Mistake: Child Support After 18?
In order to properly adjust child support payments when one child turns 18, it is crucial to file a motion to modify the court order. Simply cutting the payment amount in half is not accurate - the remaining child may still require around two-thirds of the original support. Filing before the child turns 20 is essential, as modifications cannot be made retroactively. Waiting could result in fines and contempt charges. For legal guidance and assistance with fathers' rights issues, contacting an attorney specializing in family law is recommended. Visit our website for more information or to schedule a consultation. Read more »
Child Support: New Baby, Old Decree?
Attorney Clint Hastings answers a common question about modifying child support decrees for fathers with new families. Yes, you can go back and apply for an in-home deduction against your income, but the amount saved may not be significant. The deduction comes off the gross income, not directly off the child support owed. Depending on income levels and the original order amount, it could be as little as $20 or somewhat more. Before seeking a modification, do the math to determine if the effort is worthwhile. For personalized advice, consider reaching out to the attorney for a consultation. Read more »
Child Support: New Kids, Lower Payments?
Bright lede: Are you seeking to get your child support reduced after remarriage and becoming the primary supporter for your new stepchildren? Summary: Clint Hastings, a Tulsa Dads.Law attorney, explains that while you may not receive offsets for supporting stepchildren, there is a possibility of step-parent adoption to gain legal rights and equal footing for those children. This would also secure visitation or custodial rights in case of divorce from your new spouse. Consulting with an attorney can help navigate the complexities of child support obligations in blended families. Contact them to schedule a consultation and discuss your unique situation. Read more »
Child Support: Laid Off? Modify Your Payments
After a divorce, losing a job and having to take a lower paying one can be challenging. But waiting a year to reduce child support may not be necessary. It's a common misconception that you have to wait, but in reality, you can take action right away. By filing for a modification as soon as your income decreases, you can avoid missing out on potential adjustments to child support. It's crucial to act promptly, as child support cannot be retroactively modified. Don't hesitate to seek legal guidance in navigating this process and ensuring your rights are protected. Read more »
Child Support: Make More, Pay More?
Attorney Clint Hastings specializes in fathers' rights and dispels the misconception that getting a higher-paying job will lead to all income going to child support. Child support is based on a percentage of combined incomes, meaning an increase in income will only result in a modest increase in child support payments. Hastings encourages seeking better job opportunities without fear of excessive child support payments, emphasizing the importance of doing the math or consulting with an attorney before making assumptions. Visit his website for more information and to schedule a consultation. Read more »
Child Support: Do College Savings Count?
Do you put money in a college savings account monthly for your child or children and think it counts towards child support? Attorney Clint Hastings explains the complexities of this issue. While you do not get direct credit, you could argue for an equitable basis if faced with contempt charges. Understanding case law and statutes is crucial in making this argument. If you have questions or are facing a contempt application, it's best to seek legal counsel. Give them a call for a consultation on your particular situation. Read more »
New Job? Support May Change
Bright lede: Did you know that your ex-spouse can modify child support based on your higher paying job, even before a year has passed? Summary: In family law, there is a misconception that a year must pass before child support can be modified due to a change in income. Attorney Clint Hastings, specializing in father's rights in Tulsa, Oklahoma, sets the record straight. Whether you recently got a higher paying job or need to modify child support for other reasons, it's essential to seek legal guidance without waiting a full year. Don't hesitate to reach out for a consultation on this or any related topic. Read more »
Is Soccer Part of Support?
You don't have to pay extracurricular expenses as part of your child support obligation. Decrees often include provisions for division of extracurricular expenses, but it's not required. Attorney Clint Hastings recommends including agreed-upon provisions in your decree to prevent future arguments. This can ensure both parents agree on extracurricular expenses before they arise. By discussing this with your attorney, you can find the best solution for your specific situation and avoid potential conflicts down the road. Take the time to consider all options and make informed decisions to protect your rights as a father. Schedule a consultation to discuss this and other issues further. Read more »
