By Edward Lindsey | Published May 20, 2023 | Posted in Child Custody | Tagged Tags: best interests of the child, legal custody, mother's preference, physical custody |
Are Mothers Favored in Child Custody Cases?
Historically there was a presumption that mothers were better caretakers of children than fathers. Therefore, the mother was awarded custody of minor children in many cases. Over time, though, the law has evolved, and with it, gender preference for parental custody plays less and less of a role. While the law is now gender blind Read More
Read MoreThe Difference Between Sexual Assault and Sexual Battery
The state of Oklahoma routinely brings criminal charges against people for sexual battery and sexual assault. Although there is a great deal of overlap in the details of each crime and the punishments for each, sexual assault and sexual battery are charged differently under state law. Sexual battery is a serious felony. The elements of Read More
Read MoreIs There a Waiting Period Before You Can Finalize Your Divorce?
The divorce process can be lengthy depending on the level of disagreement between spouses. Even if your terms are settled amicably, there is a waiting period before you can finalize your marriage dissolution. There is a 90-day waiting period for spouses who share minor children. This three-month “cooling off” period is designed to give the Read More
Read MoreWhat to Do If You Suspect Your Insurer Acted in Bad Faith
Insurance companies have a duty to pay valid claims within the insured’s policy limits in a reasonable amount of time. However, in some instances, an insurer refuses to pay the fair value of a claim without a justifiable basis. When this happens, the insurance company can be sued for acting in bad faith, and the Read More
Read MoreWhat if Your Child Refuses Visitation Under the Custody Order?
Child custody and visitation schedules are ordered based on what is in the best interests of the child. But as time goes by, a son or daughter may start raising objections to making the required visits. If this occurs, the parent with primary custody could be considered in violation of the custody order, which can Read More
Read MoreUnderstanding the Difference Between an Assault and an Aggravated Assault Charge
In Oklahoma, a person can be charged with either assault or aggravated assault, depending on what exactly occurred. It is important to understand the difference between the two crimes, as the penalties for aggravated assault are much more severe. Assault, also known as simple assault, covers a wide range of conduct. A person can be Read More
Read MoreCan You Change Your Visitation Schedule?
Visitation schedules are mandated by a court as part of a child custody order. A visitation schedule can always be modified by agreement of the parents. If one parent will not agree to a change, however, the other parent may ask the court to intervene. Until recently, to have a court change a visitation schedule, Read More
Read MoreHow a Domestic Violence Allegation Can Affect the Outcome of Your Divorce
In some situations, violence in the home can not only affect the relationship between family members, but it can lead to adverse decisions in a divorce proceeding. An allegation of domestic violence can affect the court’s decision about the division of marital property. Marital property is to be divided between the spouses in an equitable, Read More
Read MoreCan Paternity Be Presumed if You Aren’t Married?
Sometimes the law presumes the paternity of a child, meaning that the state accepts the identity of the father without any need for filing documents or confirming through DNA testing. In Oklahoma, there are certain situations in which a man will be presumed to be the father of a child. If none of these situations Read More
Read MoreWhat if You Can’t Afford Your Child Support Payments Anymore?
At the time your child support amount was decided, the court felt that it was a reasonable amount that you would be able to pay. However, circumstances can change, and you may become unable to keep up with your child support payments. Maybe you’ve lost your job or have experienced other extreme financial hardships like Read More
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