Archive for Child Custody

The Tender Years Doctrine: Origin, History, Modern Usage And Criticism

As a part of family law, the tender years doctrine or tender years presumption has been in existence since the latter part of the 19th century. According to common law, the doctrine proposes that during the tender years of a child (which is generally regarded as such from the age of four and under), only the mother is allowed custody of the child. The tender years doctrine is often raised in divorce proceedings.

Most states in the United States and Europe have scrapped out this presumption. Some courts in the U.S. have ruled against the doctrine insisting that it goes against the equal protection clause found in the 14th amendment of the United States Constitution (it discriminates based on gender). read more

How to Get Unpaid Child Support Payments

How-to-Get-Unpaid-Child-Support-PaymentsWhen a couple who has children gets divorced the courts use a simple method to calculate child support payments. The state of Oklahoma created child support guidelines back in 1987 and those guidelines are still used today. These guidelines use two main factors to determine child support payments: the income of the parents and the number of overnight visits the child has with each parent.

Once the amount is set by the court it can be changed if a parent’s income changes or if the number of overnight visits changes. read more

Oklahoma Paternity Laws

When a married couple has a baby the state of Oklahoma automatically assumes the husband is the legal father. However, this presumption of paternity is not extended to unmarried couples. This means if an unmarried couple has a baby the biological father is not assumed to be the legal father unless the couple legally establishes paternity.

How to Establish Paternity in Oklahoma

Unmarried couples can sign an Acknowledgment of Paternity (AOP) or if a lawsuit is involved, a judge will declare paternity.


If couples choose to sign an AOP many of them will do so at the hospital or birthing center. Most hospitals will be equipped with the necessary personnel and paperwork to properly complete the AOP. read more

Child Custody and the Holidays

With all the festivities of the holidays rapidly descending upon us the to-do list keeps getting longer and longer: gifts to buy, relatives to see, food to make, and homes to decorate. For divorced families figuring out how to handle child custody around the holidays can also be a strain.  While child custody issues are never enjoyable, they can become even worse when the holidays are in full swing.

Here are some common resolutions that can be beneficial to both parents and the children.

  1.     Fixed Holidays- Divide up the holidays in whatever way you seem fit and then stick that schedule every year. This is a great option if one parent has one holiday they go all out for every year. For example if the father throws a Clark Griswold style Christmas every year, while the mother is more of a Thanksgiving women, this option allows each parent to celebrate their favorite holidays with their children year after year.
  2.     Split the Day- If both families live close to each other it may be possible for the children to spend half the day with each parent. This would let the kids spend Christmas morning with dad and have Christmas dinner with mom. This requires careful planning so the kids don’t spend all day traveling.
  3.     Double Down- If both parents want to celebrate every holiday with their kids you can always celebrate the holiday twice. For instance, mom can observe Thanksgiving on Wednesday and dad can do Thanksgiving on Thursday.
  4.     Rotate- This is a very common plan. Set up a rotation schedule where the kids go to dad’s for Christmas and mom’s for Thanksgiving one year and then vice versa the next year.

Whatever strategy you go with it’s important to keep the children’s wishes in mind. Despite careful planning, child custody disputes are common around the holidays Recommended Reading. If you are in need of a child custody lawyer call the lawyers at Baysinger, Henson, Reimer & Cresswell. read more

Why You Need a Tulsa Adoption Lawyer

Wanting to adopt is a noble and wholesome desire that many families feel every year. Sometimes this desire can be so overwhelming that parents want to rush the process in order to bring their new child home faster tamiflu medicine. This is understandable because the adoption process can become very tedious, but the process is tedious for a good reason.

It was recently discovered some American parents adopting children from Mexico were tricked into paying cash for children who were forcefully taken from their birth parents. These children were taken from poor and commonly drug addicted homes by the government. read more

What happens if a child’s safety is threatened in Oklahoma?

In Oklahoma, it is possible for a parent who feels their child’s safety is threatened to petition the court for an emergency custody hearing. Such a motion should contain an independent report, such as a Department of Human Services report or a police report. These reports must show that the child’s environment threatens his or her safety, and if continued, would harm the child irreparably. read more

What types of visitation time may be awarded in a divorce?

The first type of visitation typically occurs on the weekends. Usually, the child custody order will set a time for the visitation. For example, visitation may start on Friday and end when the weekend is over, such as on Sunday night or on Monday morning. Oftentimes, this type of visitation changes during the summer months when a different order goes into effect. read more

Child custody issues often require cooperation

In these situations, it is important that parents understand the laws surrounding child custody and child support in Oklahoma. Both parents are financially obligated to support their child, which means that in most cases the non-custodial parent may have to pay child support. In addition, there are many different ways a child custody plan can be made that will give the child an opportunity to spend quality time with each parent. However, when parents are estranged, creating such a plan can be difficult and may require professional help. read more

When to honor the child’s preferences after divorce

Even the best of divorces can be hard on a child. Children in Oklahoma depend on their parents to provide them with a safe and stable home environment, especially after a big life change such as divorce. The needs of the child vary depending on how old the child is, as well as their personality and relationship with each parent. In some circumstances, a child is able to express a preference as to which parent they wish to live with. This is usually true when determining child custody and visitation periods. read more

Putting the children first during the holidays after a divorce

First of all, although a child custody order may lay out which parent has custody of the child on a particular holiday, it is important for both parents to come together, along with any new spouses, to discuss their upcoming holiday plans in a neutral manner. It is important to put the needs of the children first, and for all parties to be on the same page about what will be celebrated, where, when and with whom. If the children are old enough, it may be beneficial to include them in these conversations. read more