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Family Law
Divorce | Support Alimony | Child Custody | Visitation | Emergency Custody | Paternity
Pre-nuptial Agreements | Decree Modification | Child Support Modifications
Child Custody/Visitation Modification | Child Support | Separation | Mediation
Divorce
The law firm of Fuller, Chlouber & Frizzell, L.L.P. has extensive experience handling divorce and family law cases throughout Northeast Oklahoma. We know that divorce and/or family law matters are stressful for everyone involved and take this into consideration to help provide an understanding of the rights and obligations involving custody issues, property rights, visitation rights and many other issues that may arise between the parties involved in the divorce proceeding.
We are available to assist in both Uncontested and Contested cases.
An uncontested case means that the parties agree on all issues which include:
• Custody
• Visitation
• Child support
• Support alimony
• Division of property including retirement benefits
• Division of debts
A Contested case is one in which the parties have not reached an agreement and thus, issues are in dispute. In contested divorces, numerous hearings and a trial may be required to resolve issues on the case.
Support Alimony
Support alimony is one of the most difficult issues to litigate. Oklahoma does not have a formula to follow in order to determine if a party is entitled to support alimony and, if so, in what amount or for how long. Oklahoma statutes state that either party to a divorce may seek an award of support alimony. Beyond that statutory statement, however, it has been left up to the courts to determine what factors are important in resolving the issue of support alimony. Such factors include, but are not necessarily limited to, the length of the marriage, the age and health of the parties, the employment history of the parties and the assets awarded to each party. You must be very careful in planning to prosecute or defend against a claim for support alimony. Fuller, Chlouber & Frizzell is ready to guide you to the best resolution of your support alimony issue.
Child Custody
At Fuller, Chlouber & Frizzell, L.L.P., we will take the time to learn about you, your child(ren), and both of your needs. Fuller, Chlouber & Frizzell, L.L.P. will build a legal strategy to meet those needs.
It is important to understand that, generally, each parent is entitled to all information concerning their child(ren) regardless of how custody in determined. When we discuss custody we are referring to decision making only, not the division of time between the parents. Most people are aware of the terms joint custody and sole custody. Joint custody means that the parents will discuss all major life decisions for their child(ren), weigh the pros and cons of each such decision and then reach a shared agreed decision in the best interest of the child. Sole custody means the same process is followed, but at the end, only one parent makes the final decision. Custody, whether joint or sole, does not effect the time each parent is entitled to with their child(ren).
With regard to the time each parent is entitled to with their child(ren), commonly referred to as visitation, the State of Oklahoma has stated that it intends for parents to have equal access to their children, to the extent that it is in the child(ren)'s best interest. However, many factors specific to each case will impact the division of time between parents, such as work schedules, the distance between the parties, drug and alcohol use etc.
Because children are the most precious product of a marriage, custody and visitation are two of the most emotionally draining issues that arise when marriages or other relationships fail.
Your children are a priority and your legal team at Fuller, Chlouber & Frizzell, L.L.P. will work with you to protect your relationship with your children.
Visitation
Determining the division of time each parent has with their child(ren) requires a fact specific analysis of each case. Some counties in Oklahoma still follow antiquated visitation schedules, although most now do not. The amount of time each parent has with their children is crucial in maintaining a parent child relationship and may impact the calculation of child support. A typical visitation schedule may include alternating weekends, one or two nights during the week and alternating holidays.
Fuller, Chlouber & Frizzell, L.L.P. is here to help you establish the best visitation schedule for all parties concerned and for what is in the best interest of your child(ren).
Emergency Custody
If you believe that your child(ren) is in immediate danger of irreparable harm if the other parent is allowed to exercise visitation, you must file an emergency order to suspend such visitation. You cannot simply decide on your own to withhold visitation without a court order. An emergency motion must be supported by an affidavit from someone with first hand knowledge of the event giving rise to the danger, a DHS referral number or report and/or a police report. An emergency motion will, generally, be reviewed the day it is filed and, if granted, the court will set a hearing to determine if the emergency is continuing. An emergency order affecting custody or visitation is not a permanent modification. Such order only lasts until the court determines that the emergency no longer exists. An emergency motion often has very serious consequences. If you believe you need and emergency motion or you are served with an emergency motion, you need to contact an attorney. Fuller, Chlouber & Frizzell has decades of experience dealing with emergency situations. We can help you.
Paternity
When a child is born out of wedlock, a legal proceeding, commonly called a paternity case, must be filed in the district court in order to legally determine the biological parents of the child and to establish custody, visitation and child support.
A paternity case may be filed in either an Administrative Court or District Court.
A paternity case may be initiated by the state of Oklahoma through the Oklahoma Department of Human Services, otherwise known as DHS. This is an administrative proceeding that will establish paternity of the child, child support, and issues concerning medical and child care, but will not address custody or visitation. Custody and visitation may only be adjudicated in District Court.
A paternity case can also be filed in the District Court. If the case is initiated in District Court, all issues may be addressed including custody, visitation, child support and assessment of attorney fees.
It is important that you contact us at Fuller, Chlouber & Frizzell, L.L.P. immediately upon being served with a paternity suit. There are certain time limitations in paternity proceedings. If you fail to hire an attorney timely your case can be damaged or even be lost by default.
If you or someone you know has been served with court documents for a paternity case, please feel free to contact us as soon as possible! You do have rights when you find yourself in this situation, and we can help.
Pre-nuptial Agreements
A Prenuptial Agreement, also commonly referred to as a Premarital Agreement, is a contract entered into by the parties before marriage that defines what will happen when the marriage ends, either by dissolution or the death of one of the parties. Parties contemplating prenuptial agreements need lawyers who understand the delicate balance necessary for the marriage to occur or be preserved when negotiating for the financial results the parties seek to achieve. Fuller, Chlouber & Frizzell, L.L.P has extensive experience in dealing with the fine line between negotiating a favorable financial settlement while preserving the parties’ relationship.
Decree Modifications
The most common modifications sought concern Child Support and Child Custody. Child support remain modifiable until a child turns 18 and graduates from high school or up to the age of 20 if the child is regularly attending high school. Custody remains modifiable until the child reaches the age of 18. At the age of 18, visitation orders no longer apply to a child because they are an adult.
Child Support Modifications
A change of circumstances is needed to modify child support. A change in circumstances exists when the income of one or both parents changes since the issuance of the last final order of child support. In this case the party’s child support obligation can either be made higher, or in the case of a reduction in income, reduced. Before attempting to modify child support you should speak to attorney to make sure you understand how child support may be modified in your situation. For assistance in a child support modification, or if the other parent is seeking a modification, Fuller, Chlouber & Frizzell, L.L.P. knows how to protect your legal rights and obligations to pay or collect child support.
Child Custody/Visitation Modification
In order to modify a custody or visitation there must be a final order and a change in circumstances has occurred since the Court issued its last custody order so that the modification of custody or visitation is in the child's best interest. The showing of changed circumstances must be strong because the presumption is that that the child custody decree currently in place and its continuation is in the best interest of the child especially when custody is based on an agreed order. There are a variety of factors that may impact custody and/or visitation. At Fuller, Chlouber & Frizzell, L.L.P. we have dealt with countless motions to modify child custody and/or visitation. We are ready to discuss your specific case with you, if you believe that you need to modify custody or visitation.
Child Support
Oklahoma child support guidelines dictate the amount of child support to be paid during and after a divorce or paternity case. The amount of child support is based upon the combined gross monthly incomes of the parents, the number of nights each party has physical custody of the minor children, and health insurance premiums for the children. There are other factors that may affect the computation. Oklahoma child support guidelines use both earned income and passive income when determining the combined or gross income of both parents. Salaries, wages, commissions, bonuses, severance pay as well as the sale of goods or services are included in determining earned income. Examples of passive income are benefits from social security, unemployment or workers compensation as well as stock dividends and gifts. Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI) and Food Stamps are not considered income when calculating the gross income.
When determining the amount of child support to be paid, Oklahoma will always act in what it deems in the best interest of the child. The amount determined to be paid will be paid until the child/children reach eighteen (18) years of age and graduates from high school or up to the age of 20 if the child is regularly attending high school. Oklahoma child support laws follow a standardized system dictating the amount of child support to be paid to the parent who has custody. However, if you can not afford to pay the child support, it is an unfair amount or the amount of child support is not in the best interest of the child, in certain circumstances, Oklahoma child support laws allow the court to change their determined amount of child support.
Fuller, Chlouber & Frizzell, L.L.P. is very experienced in all Oklahoma child support issues and we can help you with your Oklahoma child support questions and/or concerns.
Separations
A cause of action for legal separation may be filed by some seeking to determine all issues that would otherwise be heard in a divorce, but not actually be divorced. Custody, visitation, child support, division of property and debt, support alimony etc., will all be decided just like in a divorce, at the end of the case, however, the court would not actually divorce the parties. It should be noted, however, that if one party files for a legal separation, the other party may file a counterclaim seeking a complete divorce.
Mediation
Most district courts in Oklahoma require the parties to attend a mediation before they may go to trial. At mediation, the parties, meet with a mediator in an attempt to resolve all the issue in their case by agreement rather than have the court render a decision that the parties ultimately may not like. Most mediations are successful, but to be successful you must be prepared and be ready to negotiate well. At Fuller. Chlouber & Frizzell we have participated in countless mediations. We know how to prepare you for mediation in order to reach the best result.
Fuller, Chlouber & Frizzell also provides mediation services as a mediator in cases in which it does not represent either party.