Dealing with a family law issue can be difficult and emotional for all parties involved. It is important to secure supportive legal counsel to help you navigate the process and achieve your goals.
A skilled lawyer can help you reach workable child custody arrangements, attain justice with defensible support modifications, and more. Read on to understand the basic laws that govern these sensitive legal matters.
Divorce
Divorce is a major source of family law cases. It involves resolving property division, spousal support, and child custody issues. The process is usually lengthy and emotionally difficult.
Regardless of the length of the marriage, some couples feel they have reached an impasse. It may be due to financial or religious reasons.
When one spouse submits a court petition for dissolution, divorce begins. The petition must identify the parties and their children. It must also state the grounds for divorce. If the parties cannot agree on the terms of their divorce, a trial may be required. The final say on any matter will go to a court. The judge will normally issue a final decree when the case is over.
Child Custody
Disputes over child custody can be one of a family law case’s most emotionally challenging aspects. Attorneys work with parents to arrive at custody arrangements that meet their children’s needs.
In a custody dispute, a court looks at the child’s best interests, including emotional and moral well-being. A judge may grant joint legal custody to both parents or sole physical custody to a single parent.
In either case, a custody agreement will describe the arrangement and set visitation times. It will also establish whether one parent is obligated to pay support. Child support is determined using a statutory formula that considers the parties’ income and expenses, such as childcare costs. A change in circumstances may warrant a modification of the support order.
Child Support
A family law practice Oklahoma City OK, can be emotionally taxing. It takes time to make wise choices about child custody, spousal support, etc. A seasoned lawyer’s perspective can be useful.
Children are the most vulnerable in separation or divorce proceedings. They deserve to be supported financially by their parents. A skilled family lawyer can explain the various laws related to child support.
In Oklahoma, child support is based on parental rights, not marital status. Even if an ex remarries, the obligation to pay child support remains. It can be used to cover the cost of housing, food, transportation, public education, and clothing for children. The state also provides for the payment of “extraordinary” medical expenses.
Prenuptial Agreements
Prenups are contracts entered into between two people before marriage that outline each party’s assets and specify how financial issues would be handled in the event of a divorce. This type of contract is often associated with individuals with substantial wealth, but it can benefit anyone who wishes to protect their assets in the event of a divorce.
A family law attorney can help you draft a prenup that meets all legal requirements, including full disclosure of financial information. Additionally, an attorney can help you add lifestyle-specific clauses, including drug abuse, gambling, or other harmful behaviors. However, it should be noted that prenups cannot dictate child custody rights. Children’s best interests are paramount in any family law case.
Domestic Abuse
Domestic violence is a major problem across Oklahoma. Judges consider domestic abuse incidents during divorce proceedings when making custody and visitation decisions. In extreme domestic violence cases, the abusive parent can lose parental rights altogether.
Domestic abuse includes any behavior intended to coerce, intimidate, threaten, or frighten a spouse, boyfriend/girlfriend, dating partner, child, or intimate family member. It can include physical assault, battery, and less threatening behaviors like restricting freedom by controlling finances or withholding access to vehicles, phones, or social media accounts.
The state can charge an offender with a misdemeanor or felony, depending on the situation. A lawyer can help an accused person understand how a conviction could affect their future. They can also assist with filing a protective order against the offender.