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New Post has been published on https://toddalexanderlawfirm.com/2018/01/father-mothers-right-equal-visitation-child-custody/
Father & Mother's Right: Equal Visitation and Child Custody
It is a very common mistake to believe that if a parent is behind on their child support they are not entitled to have visitation with their child. Blocking a child from seeing their parent is considered abuse by the Court system and the custodial parent can find themselves in trouble.
It is very important to understand that the courts believe that it is beneficial for any child to have open access to both of their parents. While the court understands that it may not be possible for the child to live with both parents in the same home, they want to ensure that a child always can have access to either parent.
Establishing Paternity
There are many cases where a father is denied access to his child because paternity has not been formally established. This can easily be resolved through a paternity test and the correct court actions. If a father would like to establish guaranteed visitation rights with his child, he should contact a Tulsa paternity lawyer.
Your lawyer will help you go through the right channels to establish your parentage and establish your parental rights. They will also help you set up the right type of support for your child and establish a visitation schedule that is both fair to you and your child.
A Tulsa paternity lawyer can also be contacted if a father is having difficulties with visitation with his child. If the father is being denied access to his child, even if he is behind on support, he can work with an attorney to have his visitations reestablished. The mother does not have the right to deny access to the father unless the child is in danger.
It is always important for both parents to remember that the best interest of the children should always be placed first. Each parent has the right to interact with their child regardless of their financial responsibilities because it provides the children with the love and emotional support they need from both parents.
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Probate: Estate & Will Disputes
There are many reasons why the terms of a Will can be disputed. If one or more of the beneficiaries are not happy with what is contained in the Will, they can petition the Court for a review. The party disputing the Will can claim mental incompetence, the age of the document itself or even state that the person was coerced into changing a previous Will.
Whatever the case, when an estate is disputed it can lead to a long drawn out and expensive process that is never beneficial to anyone involved. In many cases these estates are disputed until the estate itself is out of money from the legal fees and then no one receives anything.
Avoid Probate And Will Disputes
The easiest way to avoid probate or a disputed Will is to have your estate planned. Proper estate planning can help you distribute your assets as you desire and will leave little, if any, room for disputes. Estate planning will also significantly reduce any tax burden your family would have when closing your estate.
Working closely with Tulsa estate planning lawyers you can develop a plan that will protect your assets today as well as in the future. Your attorneys can help you set up trusts and structure your assets in a manner that is protective and beneficial. They can also help you create a Will that can stand up to any dispute and remains in compliance with all laws.
Tulsa estate planning lawyers recommend that anyone who plans on leaving any type of asset to another person have the right estate plan in place, regardless of how large the estate or asset. Everyone will benefit from proper estate planning, not just those with very large estates
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Guardianship: How to Secure a Guardian for a Disabled Adult Child
The law is very specific when it comes to adulthood. Once you reach the age of maturity, 18 in most states, you are considered a legal adult. This means that as an adult you are now responsible for all decision making on your behalf. The law does not, however, take into account what happens to a disabled child once they reach adulthood.
A child with disabilities, regardless of how severe, will be considered an adult when they reach the age of maturity and will be responsible for themselves. This could present a problem for those who have severe disabilities or disabilities that prevent them from making life-impacting decisions.
Parents of children who fall into this category can help protect their children as they reach adulthood by establishing a guardian for their child when they are an adult. Guardianship can be granted to one of the parents, a family member, or anyone else that the family feels would properly care for their child.
Parents would need to work with Tulsa child custody attorneys to create a guardianship plan that would allow the child to have as much freedom as possible to care for themselves as an adult, but will also protect them when it comes to serious decision making. Guardianship can be established to a degree that meets the needs of the disabled child and can be revoked at any time if the family feels the needs of the child are not being met.
Tulsa child custody attorneys can help the parents create a plan that will benefit their disabled loved one. The ultimate goal will be to protect the rights and needs of the disabled child while keeping in compliance with the law. Working closely with an attorney will make this process quick and easy.
Every parent wants to make sure that their child is well taken care of, regardless of their child’s age or capabilities. Establishing a guardian for a disabled child as they reach adulthood is one of those ways that parents can ensure that their child is always protected.
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Protect your Children: Choose the Right Guardian
One of the most important things that a parent can do for their children is establishing guardianship for them in the event of an emergency. Knowing that your children are taken care of in a manner that you desire will give you peace of mind. It is something that can be done with little effort when working with a Tulsa guardianship attorney.
If a child loses their parents due to an accident or sickness and does not have a legal guardian established, the family court system will select one. They will look at all of the closest relatives and determine who they believe is best suited for this task. Sadly, the person that they choose may not be the same person you would have chosen had you been able to pick.
To avoid this type of situation, parents can establish a guardian for their child to protect their child from being placed with someone the parents would not find desirable.
Things To Consider When Selecting A Guardian
Guardianship is more than just someone financially caring for your child. A guardian must also be able to provide the love and care the child needs. Emotional support will be crucial to the happiness of your children. You will also want to select someone that holds the same values as you do about schooling, religious beliefs, and even cultural beliefs if that is important to you.
Of course, you will want to select someone who would be a willing guardian and not someone who would just do it from obligation. You want to make sure that your child will feel comfortable and can continue many of the same activities and live in the same type of lifestyle that they are accustomed to at this time.
Working closely with a Tulsa guardianship attorney will allow you to select the right guardian for your children. Your attorney will give you valuable information about making the right selection and then will create all the necessary legal documents for you so that the guardianship choice will be valid with the Family Court.
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Probate Process: How to Probate a Decedent's Estate?
The probate process can be long, complicated and costly. In truth, using the Court system to finalize an estate and distribute assets should only be used in extreme cases. Estates that have extensive debts, missing assets or disputing heirs are the only types of cases that should go before the court.
Probate involves having the court go through the estate, determine the value of assets, pay all the debts of the deceased through use of the assets, and then distributes the remainder of the property to the heirs. On average, this can take up to a year to complete.
Of course, the court does not do any of these services for free. The estate will be charged for all services performed by the representative of the court. This can quickly add up, with costs related to closing an estate equaling up to one third of the value of the estate.
Avoiding The Costs Of Estate Distribution
You can avoid the time and costs associated with the court system settling an estate through estate planning. Working with a Tulsa estate planning attorney can help you protect your assets now, protect your heirs in the future, remove the need for probate, and lower your tax burden now and in the future.
Your attorney can help you protect your assets through the establishment of trusts and other financial instruments that can be easily passed along to your heirs without hassle. Your attorney will also make sure that all of the proper estate planning paperwork is in place and in compliance with the law.
Your Tulsa estate planning attorney will prepare your Last Will and Testament so that you can make sure that your wishes are followed after your death. Personal items that you wish to pass on to others will be clearly stated in this document so that there is never an issue about who receives what from your estate.
Your attorney will also make sure that you have the proper documentation in place to protect your health and well-being while you are alive. This may include establishing a healthcare advocate in the event you are unable to make medical decisions or granting power of attorney to someone to help you with financial issues in the future.
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Guardianship: Establishing Parental Responsibility and Parenting Time
Guardianship is different than being a parent. Being a guardian is a legally appointed position that gives the person appointed the right to make decisions on behalf of the person they are “guarding.” A guardian can be a parent, but may also be anyone appointed by the Court.
If the person in need of a guardian is a minor, and the guardian is not the parent of the child, the guardian will be in charge of establishing parental rights and visiting times so that the minor can interact with their parents. This most likely will need to be approved by the Court depending on the situation.
Since guardianship and establishing parental responsibilities and visitation times can be a very emotional process, it is important that every aspect is done correctly. Working with Tulsa parental guardianship lawyers will ensure that the best interest of the minor is always first while still protecting the rights of the guardian and the parents.
Tulsa parental guardianship lawyers understand the delicacy in which this subject must be handled. They know that everyone is concerned with the best interest of the minor, but they also know that parents must be able to interact with their children. Because of this, each case involving this type of guardianship issue is handled with the greatest of care.
If you find that you have questions about parental responsibilities and visitations when a guardian is involved, you are encouraged to speak with Tulsa parental guardianship lawyers about your case. Your attorney will be able to advise you of your rights and the laws concerning your issue based on the facts of your case.
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Paternity: Father's Custody and Visitation Rights in Oklahoma
Once paternity has been established, a father has very specific rights under Oklahoma law. A biological father has the right to visit and interact with his child, be involved in their activities and be a part of any decision making process regarding the well-being, activities, schooling, or religious upbringing of the child.
The biological father also has a right to seek shared or full custody of the child. If custody remains with the mother, the father has the right to seek a visitation plan that gives the father the ability to interact and build a relationship with his child.
Many people believe that establishing paternity is for financial support only. This is not true. Once paternity has been established, the father obtains specific rights under the law to be a part of that child’s life.
Dads Have Rights Too
If you are having trouble with establishing visitation rights with your biological children, or if you wish to change your current visitation schedule, you are encouraged to speak with Tulsa paternity attorneys about your case. Your attorney can take the necessary steps to ensure that as a father your rights are protected when it comes to being involved with your children.
You are also encouraged to speak with Tulsa paternity attorneys if you need to establish your status as a biological father or have any questions regarding your rights or responsibilities regarding your child. Your attorney will be able to help answer all of your questions regarding this matter.
The most important thing to remember is that a father has rights. They are an important part of every child’s life and even if the family does not reside within the same house, the father has the rights and responsibilities to be an active part of his child’s life.
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Conservatorship: A Guide to Guardianship of Incapacitated or Disabled Person
It is the goal of most people to help those who are mentally or physically disabled live as normal of a life as possible. This includes living on their own and making decisions for their future. However, there are times when these disabilities may inhibit the ability of the disabled person to make these decisions in a manner that is most beneficial to them. When this happens, it is important to appoint a legal guardian to represent their interests.
Guardianship does not necessarily mean that the person appointed guardian must care for every aspect of the disabled person’s life. While this can happen in the event of severe disability or the onset of a serious illness, in most cases a guardian deals with financial, legal or medical issues on behalf of the individual.
Guardianship Must Be Appointed
It is very important to understand that when any person reaches the age of maturity, the age of 18 in most states, they are considered an adult. As an adult, they have the right to make decisions for their life without interference from any other person or entity. This law applies to all citizens of the U.S., including those with disabilities. If a disabled person needs to have a person as a guardian, they must have that guardian appointed legally through the Court system.
Guardianship is never assumed. Even the parents of a disabled adult must be appointed to this position once the disabled child reaches adulthood. This is why it is very important to speak with a Tulsa guardianship lawyer if you are a parent of a disabled child who will soon become an adult.
The guardian does not have to be a parent or a relative. If an adult is disabled or becomes incapacitated by any means, a guardian can be their spouse, friend, relative, or even a Tulsa guardianship lawyer. The only real requirements for this position are that the person is willing and able to take on this responsibility for the disabled person.
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Tulsa Paternity: Child Custody, Support and Visitation Rights
It is very important that a man understands that when he has been established as the biological father of a child he has specific rights as a parent. Paternity is more than just securing financial support for a child.
Child custody, rearing, living arrangements, and support must all be done to the “benefit of the child.” The Court will always place the best interest of the child above any other factor. The judge will review all information about the case, starting with when paternity was actually established, to determine what would be in the best interest of the child.
The judge will review factors such as how close the child is to either parent. They will review living arrangements, schooling options, and even proximity to extended family. Each factor will be considered before the Court approves any form of child custody and support arrangement.
Each parent has a specific duty to provide for their child. Child support and custody is not limited to the mother. If the father can provide a better living environment for the child and there is a healthy relationship between the father and child, the Court may see fit to give custody to the father.
If there are problems with establishing paternity or coming to an agreement about child custody or support, either parent can seek help from Tulsa paternity lawyers. A paternity attorney can help with all issues from requiring testing to establish parentage to helping negotiate the terms of child custody and support.
Tulsa paternity lawyers can also help when a person does not want to establish themselves as the biological father of a child. When this happens, the attorneys can petition the Court to demand that a test is taken to establish who the father of the child(children) is so that proper support can be established.
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Tulsa Paternity: Child Custody, Support and Visitation Rights
It is very important that a man understands that when he has been established as the biological father of a child he has specific rights as a parent. Paternity is more than just securing financial support for a child.
Child custody, rearing, living arrangements, and support must all be done to the “benefit of the child.” The Court will always place the best interest of the child above any other factor. The judge will review all information about the case, starting with when paternity was actually established, to determine what would be in the best interest of the child.
The judge will review factors such as how close the child is to either parent. They will review living arrangements, schooling options, and even proximity to extended family. Each factor will be considered before the Court approves any form of child custody and support arrangement.
Each parent has a specific duty to provide for their child. Child support and custody is not limited to the mother. If the father can provide a better living environment for the child and there is a healthy relationship between the father and child, the Court may see fit to give custody to the father.
If there are problems with establishing paternity or coming to an agreement about child custody or support, either parent can seek help from Tulsa paternity lawyers. A paternity attorney can help with all issues from requiring testing to establish parentage to helping negotiate the terms of child custody and support.
Tulsa paternity lawyers can also help when a person does not want to establish themselves as the biological father of a child. When this happens, the attorneys can petition the Court to demand that a test is taken to establish who the father of the child(children) is so that proper support can be established.
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Tulsa Divorce Mediation: What to Expect?
Divorce mediation is quickly becoming the preferred way to work through a complicated divorce process. Couples who are having a difficult time deciding on how to split assets, care and support for their children, or that are having any other divorce issues that they cannot solve may benefit from using a mediator.
In most cases, Tulsa divorce attorneys will suggest using mediation to negotiate a divorce if they believe it will reduce the time and costs associated with the divorce. Your attorney may also suggest a mediator if either side of the dispute is just being too uncooperative or there needs to be a third party to try to work out the situation.
Once a mediator is called, both parties and their Tulsa divorce attorneys will attend meetings scheduled by the mediator to address issues concerning the divorce. Mediators often set one or two small topics to settle per meeting. This helps both parties stay on topic and makes each meeting successful.
The mediator or the attorney will provide each party with a list of what is going to be discussed at the meeting and any information or documentation they are required to present during that meeting. Failure to comply with these terms often extends the proceedings and leads to higher costs for the divorce.
Once all of the issues are settled relating to the division of assets and debts, child and spousal support and a parenting plan is created, both parties will review the final document and sign the forms. The attorneys will then present this information to the Court. If the Court approves, the divorce will be granted immediately.
Divorce mediation is the best way to dissolve a marriage if you are willing to actively negotiate with the other spouse and are happy with the thought of not having to go to court to have each issue approved.
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Guardianship: Types and Duties of Probate Conservator
It is a common misunderstanding that when a person is given guardianship over another person that they are also the conservator of their estate. This is not a fact. A guardian has very specific duties given to them under the law.
In most cases when guardianship is approved, the guardian has legal authority to make decisions on behalf of an individual and manage their finances. In some cases, the guardian is only given one or the other of these responsibilities. Many times guardianship is very limited in what the guardian can do.
If a person finds that they need someone to manage their estate after their passing, they will need to appoint a conservator or representative for their estate as part of their Last Will or estate plan. The best way to accomplish this is through a Tulsa guardianship lawyer.
Your Tulsa guardianship lawyer can help establish all of the legal paperwork necessary to set up guardianship guidelines while you are alive as well as after you have passed away. Your attorney can accomplish this in a manner that is both legal and ethical and is in your own best interest.
A person can establish the same person to complete these tasks, or they can name different people. A person is not required to pick a family member for any of these tasks, regardless of common belief. Guardianship can be given to anyone who willingly accepts the task and is competent to perform the duties. Picking the right one is very important, so this is why it makes sense to work with an attorney.
If guardianship is being established for a minor, it is also important to work with an attorney. Different laws may apply to the minor and their needs, so it is essential that an attorney is involved in establishing a guardian for a minor.
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Probate Process: A Guide for Executors
The probate process follows a very specific set of guidelines. The court requires that each and every step is followed exactly to ensure that all laws and regulations are met when closing an estate. Regardless of size, everyone who goes through this process must follow these same guidelines.
A Quick Look At The Probate Process
Establishing Executor. The executor is chosen in the Will and must file with the Court that they are assuming these duties. If there is not an executor, the estate must request that the court appoint an administrator to settle the estate.
Gathering of Assets. All the assets that have not been titled to another person must be accounted for to create the actual estate. This includes all financial accounts and valuables, such as artwork, jewelry and other similar items. Appraisals must be made and a full accounting must be completed.
Paying Debts. The executor must pay all final expenses including taxes on the estate. This may also include medical bills and other debts. All debts must be paid before any assets can be distributed.
Finding Heirs. If the heirs are not listed in the Will, they must be found so that the assets can be distributed. The state has a specific guideline on who is considered a rightful heir.
Distributing Assets. Once all heirs are notified and any disputes are handled, the assets must be distributed.
This can be a very lengthy process. In most cases it can take almost a year to close an estate, especially if assets need to be sold or heirs need to be located.
Avoiding The Probate Process
The simplest way to avoid all of this paperwork and problems is to work with a Tulsa estate planning attorney. Your attorney can create a plan for your assets that will easily distribute them after your passing without the need for court intervention.
Additionally, your Tulsa estate planning attorney can also make sure that your assets are managed in a way that reduces any tax burden your estate may have and easily transfers assets to your chosen heirs.
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Father's Rights: Paternity and its Legal Significance
From the moment that a child is born, the biological father has specific paternity rights. These rights are not just limited to providing for the child. A father has the right to be an active part in the decision making regarding the child. This includes how the child is raised, religious beliefs, and school and sports issues.
A father also has specific rights to custody if the parents are not married. If the mother of the child does not have the ability to raise the child, if the father feels the child is in an unsafe environment, or if the child is being placed up for adoption, the father has the right to seek custody. Paternity rights grant him this ability to care for his child.
It is a very old-school way of thinking that only the mother has a say on raising and caring for a child. Fathers married or not, have the same rights as the mother once the child is born.
Paternity Issues
Any man that is facing issues with regard to his biological children has the right to seek legal actions against the mother. This may include any and all issues concerning his children. If a man legally adopts a child, he also has the same rights as a biological father.
It is in the best interest of the father to consult with a Tulsa paternity attorney about any issues that may arise concerning his biological children. This may include everything from establishing parentage through testing to seeking custody of the children in question.
A Tulsa paternity attorney will protect the rights of the father as well as seek to ensure that the interests of the children are met.
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The Basics of Probate: What it is and How it works?
The probate process follows a very specific guideline so that the debts and assets of the deceased are paid correctly. Sadly, this process can take an extensive amount of time, especially if heirs must be located or any of the property requires a special appraisal or sale before distribution. For many, the process can take up to a year to complete.
During this period when the Court is sorting through the estate, the main beneficiaries can request a small sum of the inheritance so that they can pay their bills or live. This will come from their share of the estate.
It should be understood that any and all actions taken by the Court in regard to the estate will have a cost. The Court does not process anything without a fee, including giving money to the heirs to live on while the estate is being settled. All of these fees can have a large impact on the overall value of the estate.
To avoid all of the excessive and often unnecessary costs associated with probate, every person should go through estate planning.
When you work with a Tulsa estate planning lawyer, not only will you ensure that your last wishes are clearly and legally stated, but you will also protect your family from unnecessary costs and high taxes. Your estate planning attorney can help you manage your estate in such a manner that it will pass to your heirs seamlessly and many of the tax penalties will be avoided.
Estates of every size should take part in estate planning. As your Tulsa estate planning lawyer will tell you, if there is any type of titled property in the estate, such as a home, bank account, vehicle, or similar type of asset, you need to plan your estate.
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Legal Guardianship for Minors: How to Choose a Guardian for your Child?
There are things that can occur in everyday life that will result in a child having to live with another relative other than their parent(s). An injury, an illness, a deployment, or countless other reasons could result in someone caring for another person’s child. When these events do take place, however, it is important for the caregiver to seek legal guardianship.
Being the legal guardian of the minor will allow you to make decisions on their behalf, get medical care for the child if necessary, and allow the adult to enroll the child in school. Guardianship also gives the adult the authority to make legal decisions for the child.
Selecting Someone As A Guardian
When you need to establish an adult as a caregiver for your child, you will want to make sure that they meet all of the following criteria:
They are willing to assume the position as legal care provider
Your child feels comfortable with this person
You believe that the person has the financial capabilities to care for your child
The care provider will act according to your wishes for schooling, religious beliefs and similar situations
Child custody and becoming a guardian must be done through the Court system. You simply cannot ask someone to care for your child and then assume that it is within the guidelines of the law. If you find you are in a situation where you need to establish a guardian for your child, you need to speak with a Tulsa child custody attorney.
A Tulsa child custody attorney will be able to help you establish a legal guardian for your child and specify the term of that guardianship as well as any special guidelines you may have for the care of your child. Establishing someone as a guardian does not have to be a permanent situation, and time lines can be established in the paperwork.
When it is necessary to find someone to legally care for your child, make sure that you have taken all of the right steps to ensure that your child is protected.
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Adult Guardianship and Protective Proceedings
When a person thinks about guardianship they almost always assume it is in relation to a minor child. There are however, three types of situations where a guardian can be appointed by the court system for reasons other than custody.
Disabled Adult Child
When a disabled child reaches adulthood they have all the rights and responsibilities that go with coming of age. For some of these disabled individuals, these responsibilities are outside of their abilities. When this is the case, parents can file to be the legal guardian of their adult child so that they can continue to assist their child in adulthood.
Elderly Parent
There are times when a parent reaches an age or medical condition that they are no longer able to make sound decisions for themselves. Onset of certain disorders or physical disabilities may prevent the parent from doing simple things like paying their bills or getting routine medical care. If this occurs, an adult child of the parent can seek guardianship of their parent to assist them with these functions.
Minor Receives Large Sum Of Money or Assets
If a minor child inherits a large sum of money or assets or is awarded a large sum of money in a lawsuit, a parent can seek guardianship of that money or asset until the minor reaches adulthood. This type of guardian will not have easy access to the money or asset; they will only be in charge of making sure it is available when the child comes of age.
If you find that you are in need of becoming a guardian or selecting one for your loved one, you should consult with a Tulsa guardianship lawyer. Your attorney will know exactly what needs to be done to protect your loved one.
Your Tulsa guardianship lawyer will also make sure that all parts of the guardian responsibilities are clearly stated so that the best interest of your loved one will always be a top priority.
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