By G.W. Schulz
An effort underway in Oklahoma could lead to changes in how the state handles child custody and divorce. That could mean new family laws or the reform of existing ones.
Included in this effort was an interim study of the state’s court system for families.
Lawmakers have heard from experts, advocacy groups, and nonprofits who said that the needs of children and the science of families have dramatically changed in recent decades. Oklahoma needs to keep up, they said.
Helping to lead this push is Oklahoma state Rep. Danny Williams (R-Seminole). He told the media that one goal of the effort was to make family courts more consistent, thereby boosting trust in the system.
Rep. Williams has argued for a unified state family court. Under such a system, there would be one judge and one court per county.
Help
Is your marriage coming to an end? Is there conflict over child custody?
First, you’re not a bad parent. But you do need someone who will fight for you beginning now.
Let Joe Norwood be your sword and shield in court. Call upon him to tell your side of the story.
Let Joe get your life and family back.
Call 918-582-6464 to tell Joe what happened to you.
Norwood.Law also practices business law, personal injury, family, and more. Need help with a will, trust, or estate? We do those, too.
Reform
Consistency is good but so is change.
Current family laws are viewed by advocates and experts to be out of touch. One critical reform would be to treat child custody as equal between the parties. That would make fairness a greater priority than it’s been in the past.
Experts say such changes could keep both parents involved and reduce disputes.
“Oklahoma’s custody laws were written for a time that no longer reflects how families live and work,” Republican state Rep. Mark Tedford told the media. “Most parents today share both financial and caregiving responsibilities.”
Cruelty
According to the Oklahoma Bar Association, there are 12 grounds for divorce in the state. Here are just a few:
- Adultery
- Physical or mental cruelty
- No longer compatible
Divorce can take as few as 10 days after the filing if there are no children and each side is in agreement. However, there’s a waiting period of 90 days if minor children are involved.
Both sides in a divorce don’t need to go to court, says the bar association. An advance copy of the court decree can go to your spouse for a signature.
Divorce cases are typically presented to a judge and not a jury.
In any divorce, children are at risk of being the losers, according to the bar association. Here are some guidelines they urge:
- Make sure children are ready at time of visitation
- Parents work out conflicts over visitation
- Don’t make extravagant promises to the kid
- Don’t question kids regarding former spouse
- Notify former spouse quickly if visitation must be cancelled
- Do not visit children at odd hours
- Do no visit children while drunk
- At exchange for a visit, do not argue with former spouse
- Don’t poison your child’s mind against your former spouse
Fail
What if your former partner fails to follow the divorce decree?
Jail and fines are possible for contempt of court. Wages and bank accounts can be garnished if your past partner fails to pay child support, debt, or alimony.
If they don’t pay child support for a year, you can ask the district attorney to file felony criminal charges and seek an arrest warrant.
Works
New laws or reforms in Oklahoma wouldn’t occur until 2026.
While conducting Oklahoma’s interim study on family law, the team reviewed models from other states. In Texas, for example, special courts there are designed for child protective services.
Said Oklahoma Rep. Williams:
“By having judges who specialize in family and child welfare cases, we can make sure these matters are heard by someone who truly understands the system and the trauma many of these children have faced. We owe it to these children to build a court system that works for them.”
Joseph M. Norwood is a Tulsa attorney with the courtroom expertise you need. Contact his office at 918-582-6464.