Fry & Elder Tulsa Law Firm

Divorce, Child Custody, Protective Orders, Criminal Defense

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Feb 11

Tulsa Divorce Lawyer Gives Advice on Parental Kidnapping

Although it might be a surprise to many, the most common form of child abduction in the United States is parental kidnapping.  Sadly, parental kidnapping in Oklahoma occurs. The following is insight from a proven Tulsa Divorce Lawyer on parental kidnapping

Pictures of members of law firm

Oklahoma Family Lawyers, sitting from left to right, James R. Elder, Aaron D. Bundy, M. Shane Henry, Luke Barteaux and Robert G “Hap” Fry Jr.

What is parental kidnapping?

Parental kidnapping transpires when one parent or guardian deprives the other of his or her legal right to visitation or custody by taking that child out of his or her jurisdiction. This act is illegal through the Parental Kidnapping Prevention Act, which works in accord with Oklahoma and other state laws.

While many abducted children are taken to another state, if a child is taken out of the country, the situation becomes much more complicated due to linguistic, legal and jurisdictional difficulties. One important resource to consult and take advantage of is  the U.S. Department of State which provides an extensive amount of detailed information on international child abductions. One of the components that come out of a divorce is that a custody order is entered. In regards to this custody order, these are a few things you need to remember in regards to it:

1. Be sure to retain multiple certified copies of the custody order from the court

2. To deter the other parent from taking the child abroad, you can request the court to require the parent to post bond, especially if that parent has significant ties to a foreign country

3. Your custody orders can also include a statement that does not allow for the child to travel abroad with your permission or the court’s permission

Should you have any additional concerns or questions in regards to parental kidnapping in Oklahoma or international child abduction, you should immediately contact the Tulsa family law firm of Fry & Elder to set up a personal consultation with an experienced Tulsa Divorce Lawyer.

 

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer, Tulsa Family Law Firm

Jan 31

Tulsa Divorce Lawyer speaks out on attorney-client privilege in Oklahoma

There is no denying the fact that going through a divorce can often be an emotional experience for all parties involved. One of the more difficult barriers to overcome during the initial process is just being comfortable enough to discuss sensitive and emotional issues with an attorney. For many, it is hard to feel at ease, let alone completely honest, when discussing matters like finances, children and possible infidelity.

Pictures of members of law firm

Oklahoma Family Lawyers, sitting from left to right, James R. Elder, Aaron D. Bundy, M. Shane Henry, Luke Barteaux and Robert G “Hap” Fry Jr.

For your protection and peace of mind, the attorney-client privilege requires that your Tulsa Divorce Lawyer keep all of your sensitive information private. Still, you might be asking yourself just how does confidentiality in divorce proceedings work? To give you better working knowledge of attorney-client privilege in Oklahoma, the Tulsa Family Law Firm of Fry & Elder has answers to some of the more common questions about the process.

What is attorney-client privilege?

If you are giving any serious thought into hiring a Tulsa Divorce Lawyer, attorney-client privilege has a very practical and functional importance, as it mean any matters you discuss with your lawyer will be confidential. This privilege means that an attorney cannot be compelled, nor can he or she voluntarily disclose any matters that are communicated in confidence.

When does confidentiality apply?

The fact of the matter is, before attorney-client privilege can begin, an attorney-client relationship must exist. This occurs when the parties have agreed upon the representation of the client. The signing of an agreement of a fee contract, retainer agreement, engagement letter, an agreements to  employ counsel or even simply entering an oral agreement to initiate representation are all examples and evidence that such an attorney-client relationship exists.

How and when is confidentiality waived?

Communications between a lawyer and client are only confidential if they are made in setting where it would be reasonable and expected for them to remain confidential. Some common examples of when confidentiality can be waves is when you invite third parties into what would have been a confidential conversation, divulge statements made in confidence with others after the fact or when you speak in a public place.

Should you have any additional questions about attorney-client privilege or about anything else pertaining to family law, we urge you to contact Fry & Elder today to set up a personal consultation with a skilled and experienced Tulsa Divorce Lawyer.

EXPERIENCE THE FRY & ELDER DIFFERENCE

As one of the most established and decorated Tulsa family law firms, the attorneys at Fry & Elder are committed to giving you the best legal representation possible. The Tulsa law firm made the U.S. News & World Report’s exclusive list of Best Law Firms for 2015.

Renowned Tulsa divorce lawyer Robert G “Hap” Fry Jr. was recently honored by the esteemed publication Best Lawyers® as its Lawyer of the Year for Family Law in Tulsa for 2016. Fellow Fry & Elder trial lawyers M. Shane Henry, Aaron D. Bundy and Luke Barteaux also have been selected as SuperLawyers® Rising Stars™. If you  have any legal concerns or questions, contact Fry & Elder today to set up a personal consultation with an elite attorney.

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer, Tulsa Family Law Firm

Jan 28

Tulsa Divorce Lawyers Believe Alimony in Oklahoma Less Common

As reported in an article featured in Forbes, alimony is on the decline – for stay at home moms and other who are going through divorce. Alimony in Oklahoma and across the nation was something that was considered common in the past, but the Tulsa Divorce Lawyers of Fry & Elder believe that may no longer be the case.

Tulsa Family Law Firm Fry & Elder

Also known as spousal support, alimony was something that was frequently awarded in many different kinds of cases. Typically, one party would be awarded alimony permanently or for a number of years if he or she stayed at home to raise children or if he or she was at financial disadvantage.  Alimony was considered something that could help one party get back on his or her feet.

Research and experts point to alimony being less and less of an occurrence in many divorce cases, even for those who might seem like slam dunks for spousal support. Judges are growing less and less sympathetic in these cases.

Why is change taking place?

For starters, more and more women are in the workforce. Forbes reported that 75 percent of women are working today. In fact, women serve as the financial breadwinner in approximately 40 percent of marriages and also make up the higher percentage of college graduates. By today’s standards, women are regarded as having the responsibility of providing for themselves even if they have been out of work for multiple years and have to take a cut in their standard of living.

While research suggests that long-term spousal support is on the decline, there definitely are still some exceptions. One such example would be if one parent was forced to quit their job to care for a disabled child. Another case would be if a marriage lasted a long time and one spouse was at a clear disadvantage financially upon the relationship ending.

Should you have any further questions or inquiries in regards to alimony in Oklahoma or family law in general, we urge you to contact the Tulsa Family Law Firm of Fry & Elder today to set up a personal consultation with an experienced Tulsa divorce attorney.

Experience the Fry & Elder difference

For over 40 years, Fry & Elder has been one of the most dynamic and forward thinking Tulsa Family Law firms. U.S News & World Report named the firm to its exclusive list of Best Law Firms for 2015. Acclaimed Tulsa divorce lawyer Robert G “Hap” Fry was honored as Lawyer of the Year for Family Law in Tulsa 2016 by Best Lawyers®. Fellow Tulsa divorce lawyers M. Shane Henery, Aaron D. Bundy and T. Luke Barteaux have each garnered SuperLawyers® Rising Stars™ accolades. If you are in need of assistance with or have any questions about Tulsa family law, contact the Tulsa divorce lawyers of Fry & Elder today.

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer, Tulsa Family Law Firm

Jan 14

Tulsa Family Law Firm Talks Untrue Child Support Myths

Tulsa Family Law Firm

Tulsa Family Law Firm Fry & Elder

There is no shortage of misconceptions and myths out there in regards to child support. The Tulsa family law firm of Fry & Elder realizes this, which is we are taking the time out to debunk a couple of these myths and provide you with a better understanding about how child support in Oklahoma really works.

Myth #3: Child support is in place to punish fathers

The fact of the matter is child support is required and needed to ensure that your child has his or her needs provided for. It was not instituted to punish anyone, and it is not a tactic to hurt one individual parent. Instead, it is a program that is in place to support children and make sure their financial needs are being looked after.

Myth #4: There is no need to file anything court if we already have an informal agreement in place

Yes, there are some parents who work out the amount of child support to be paid between each other without filing anything in court. While on the surface this works, it is not necessarily the best way to go about things. For starters, informal agreements such as these are not enforceable, meaning if the other party does not pay, you have no legal way to force them to pay. Another reason why an informal agreement is not the best idea is because if your child does end up needing a bigger child support award, there is no way to enforce it.

Chances are going through a divorce is probably something that is a little new to you. That makes it all more important for you to consult with a skilled Tulsa Divorce lawyer from Fry & Elder.

Experience the Fry & Elder Difference

The legacy of excellence at Fry & Elder has roots that date all the way back to 1932 when C. Lawrence Elder helped set the wheels in motion for Fry & Elder to become an established and recognized Tulsa family law firm. Over the years, Fry & Elder has garnered numerous accolades and honors.

The firm was named to the U.S. News & World Report’s list of Best Law Firms for 2015. Additionally, Robert  G “Hap” Fry Jr. further validated himself as  one of the premier Tulsa Divorce Lawyers when he was honored as Lawyer of the Year for Family Law in Tulsa 2016 by Best Lawyers®.  Fellow Fry & Elder attorneys M. Shane Henry, T. Luke Barteaux andAaron D. Bundy have each received SuperLawyers® Rising Stars™ accolades. Contact Fry & Elder today to set up a personal consultation with a skilled and experienced attorney from an elite Tulsa family law firm.

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer, Tulsa Family Law Firm

Jan 6

Tulsa Divorce Lawyer Debunks Child Support Myths (Part 1)

When it comes to child support, there are a lot of myths and misconceptions out there.  The Tulsa family law firm of Fry & Elder hopes to provide you with a better understanding of how child support in Oklahoma typically works by debunking a couple of child support myths associated with child support as told by an accomplished and reputable Tulsa Divorce Lawyer.

Child support myths

Child Support Myth #1: I will not be able to afford child support

First and foremost, child support is not some random number that gets pulled and thrown out. It is based on a number of factors that include monthly income, interest derived from investments, the time you spend with your kids and other additional factors. Since child support is primarily based on income, you will not be required to pay more than you make. Child support payments can also be adjusted should you lose your job or experience other significant changes in your financial situation.

Child Support Myth #2: Child support is for women only, and they do not spend it on kids

By and large, child support payments are generally made to the parent, which has primary custody, for their expenses. Typically, these expenses consist of clothing, health insurance and children’s school and after school activities’ costs. The majority of time, the child support number is based on the child’s expenses.

Child support myths are more common than one may initially think. Should you have any additional questions about child support in Oklahoma or any additional inquiries in regards to family law, the family law offices of Fry & Elder urge you to call today and set up a personal consultation with an experienced and accomplished Tulsa Divorce Lawyer.

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer

Dec 27

More Insight on Joint Child Custody by Skilled Tulsa Divorce Attorneys

Tulsa Divorce Attorneys

Oklahoma Family Lawyers, sitting from left to right, James R. Elder, Aaron D. Bundy, M. Shane Henry, Luke Barteaux and Robert G “Hap” Fry Jr.

As a follow up to a blog earlier this month, here are a few more tips from the Tulsa family law firm of Fry & Elder on how to make joint child custody in Oklahoma and other parts in the country work in your favor.

Be flexible and willing to adjust

While a judge might have ruled in your favor or against your favor, it is very important for you to understand and realize that custody arrangements are not designed to be set in stone. They can and should easily change, especially when there are new dynamics or developments that happen from within a family. As your child grows and develops, so might your custody arrangement. This might mean changing visitation days around. It is important that you are willing to have an open mind when involved in joint child custody.

Consider age

There is nothing wrong with adhering to a schedule, but as your child gets older and more emotionally mature, it might be wise to think about modifying the visitation schedule to better accommodate their needs. Research has indicated that it can be difficult for a younger child to be away from one parent for a long period of time, which might mean that shorter stays with each parent could be more beneficial.  Once your child gets older and starts taking on a busier schedule, it might be wise to think about alternating weeks.

As always, the Tulsa divorce attorneys at Fry & Elder recommend that you put your child’s best interests first, be open minded and carefully pick your battles when prompted. Should you have any other additional questions or concerns, please call are office and ask to speak with one of our experienced Tulsa divorce attorneys at Fry & Elder today.

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer

Dec 11

Tulsa Divorce Lawyer Offers Insight on Joint Child Custody

Tulsa Divorce Lawyer

Oklahoma Family Lawyers, sitting from left to right, James R. Elder, Aaron D. Bundy, M. Shane Henry, Luke Barteaux and Robert G “Hap” Fry Jr.

As time marches on, more and more parents and experts are recognizing the value of shared parenting between divorced couples. The Tulsa family law firm of Fry & Elder is well aware of the rising trend that is joint child custody, which is why we are here to offer a few tips on how to have a successful joint custody relationship with your ex.  Simply put: joint custody is something that can be very beneficial to all parties involved, but it also takes work, as any great Tulsa Divorce Lawyer will tell you.

Be realistic

While you might have the best intentions in mind, all too often a common problem during custody disputes is for one or both parents to ask for too much custodial time. This usually coincides with the fact that parents want to get as much time as possible with their child out of fear that there is a chance that they might be losing them. The truth of the matter is that  quality always trumps quantity when it comes to spending time with your child. The last thing you want to do is overextend yourself so far that you don’t have the necessary energy that your child deserves.

Watch your tongue

It should go without saying that if you really are going to try and make joint custody work with your ex then you absolutely need to make it a priority not to talk badly about your ex. Be prepared for trouble and potential conflicts down the road should you choose to badmouth your ex in front of your child. Your child loves the other parent just like he or she loves you. With that in mind, it is best to keep any negative thoughts to yourself.

Cut your ex some slack

Even though your former spouse may have cheated on you, been emotionally distant or done something else undesirable, it is important for you to remember that they still have the best intentions for your and their child. While your marriage might not have worked out, there still is a good chance that your parenting arrangement can still succeed.

As with anything, there stands a chance that the joint child custody agreement might not work out. If you think this is the case, we encourage you to call the family law firm of Fry & Elder today to set up a personal consultation with an established and experienced Tulsa Divorce Lawyer and take the necessary first step to get your problems resolved.

 

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer

Dec 9

Tulsa Divorce Attorneys Offer Advice to Divorcees

Tulsa Divorce Attorneys

Fry & Elder is your Oklahoma Family Law Firm

There is no way to sugar coat it. Going through a divorce is a difficult and tough experience for most everyone that goes through one. There not only is emotional and financial stress involved throughout the process, social pressure and anxiety can also surface, particularly when you begin telling friends and family member about your divorce. With committed and experienced Tulsa divorce attorneys, the Tulsa family law firm of Fry & Elder is well versed on the stress that goes along with divorce and child custody issues, which is why we want to offer a few insightful tips on how to answer questions about your divorce.

Combat the temptation to gossip

There is no doubt that it is good to vent, particularly to close friends and family, but you would be wise to watch your tone around others. It absolutely is in your best interests to avoid talking trash about your ex or going too deep into the details of your divorce. People love to gossip, and these kinds of things can easily become the topic of conversation from within your social circle. Our advice to you is to be careful and to tread lightly.

You are entitled to privacy

Some of us out there are not too keen on sharing personal matters, even with relatives and close friends. While they may have the best intentions by asking you questions about your divorce, sometimes bringing up painful memories can keep one from moving on. If this is indeed the case, then you absolutely have the right to stay quiet. In fact, there is nothing wrong with proceeding in that manner. You choice of keeping the particulars of your divorce quiet and to yourself are something that others will have to learn to deal and something that you do not have to compromise on.

What do you say then?

If you do find yourself being bombarded with questions about your divorce, you may not want to go into specific details, but you also don’t want to come off or appear rude. You best bet to get through this is to come up with simple, vague but genuine response. This might mean saying something like: “It’s been difficult, but each day I’m getting better.” To shift the focus off you, you might want to then ask them a question about how things are going for them.

We know that divorce can be hard, but hopefully these tips will give you game plan on how to deal with things when it becomes a topic of conversations. Should you need any other advice on managing your divorce or child custody matters, contact family law firm of Fry & Elder today to set up a personal consultation with proven and experienced Tulsa divorce attorneys.

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer

Nov 30

Same Sex Marriage can Lead to Same Sex Divorce in Oklahoma

Tulsa Family Law Firm

Tulsa Family Law Firm Fry & Elder

Marriage is different today. Sweeping laws in over 30 states, Oklahoma included, that now allow same sex marriage mean more couples than ever before can get married. It also means more couples than ever before can also split up and get divorced. As with any marriage, problems and disagreements can arise. When this happens, divorce can give a couple a clearer path than they might otherwise have.

What Should You Do?

The Tulsa family law firm of Fry & Elder recognizes the right for same sex couples to get both married and divorced. Divorce laws were created to ensure a fair split of all assets of the union, including allowances for the emotional support of a non-working partner, but not all divorces are created equal – least of all courtroom battles – which is why it would be in your best interest to retain a skilled and battle-tested Tulsa Divorce Lawyer.

Unlike opposite-sex marriage, same sex marriage laws are complicated because federal and state laws often differ. Furthermore, some states allow same-sex couples to get married even if they are not residents. This can make getting a same sex divorce in Oklahoma tricky because other states might have residency requirements to get divorced. Essentially, you can’t get a divorce in a state that does not recognize marriage, and you also can’t get divorced in a state where you are not a resident.

Because same-sex marriage laws still are in its infancy, most of the data in regards to same-sex divorce rates is not very developed. Same-sex marriage in Oklahoma has only been legal since October of this year. That said, data suggests that divorce rate among same-sex couples will rise toward the rate of heterosexuals.

Experience the Fry & Elder Difference

Whether you are going through a divorce, child custody issue or both, the Tulsa family law firm of Fry & Elder has the experience and skill in place to help you get through the process. The firm was named to the U.S. News & World Report’s list of Best Law Firms for 2015. Additionally, Robert  G “Hap” Fry Jr. further validated himself as  one of the premier Tulsa Divorce Lawyers when he was honored as Lawyer of the Year for Family Law in Tulsa 2016 by Best Lawyers®.  Fellow Fry & Elder attorneys M. Shane Henry, T. Luke Barteaux and Aaron D. Bundy have each received SuperLawyers® Rising Stars™ accolades. Contact Fry & Elder today to set up a personal consultation with a skilled and experienced attorney from an elite Tulsa family law firm.

 

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer

Nov 27

Helpful Tips for Getting Through a Holiday Divorce

Tulsa Family Law Firm

Tulsa Family Law Firm Fry & Elder

They aren’t the “most wonderful time of the year” for everyone. If you are going through a holiday divorce or separation, the holidays can’t end soon enough. Chances are they feel like a cruel joke, yet they are in full swing so here are few tips to help you get through the holiday season from the Tulsa family law firm of Fry & Elder.

It is OK to feel emotional

Chances are, you had some good times during the holidays with your ex. If that is indeed the case, you should be prepared to feel wide range of emotions that include: anger, resentment, depression, sadness and jealousy. The fact of the matter is, you need to allow yourself to have those emotions and be OK with it. There is nothing wrong with remembering the good times and having both fondness and sadness.

Put others first

Sometimes the key to getting through difficult times is to focus on others. When you really think about it, the holidays are about being thankful, giving back and about sharing. There is no shortage of people that you can boost up during the holiday season. Try and make the holidays not about you. One great way to do this is to volunteer a little of your time somewhere. Helping others can often help get your mind off your own troubles.

Keep old traditions alive and also begin some new traditions

As much are you might want things to change, it is important to keep old traditions alive, particularly if you have children. Children feel secure with traditions and routine, so it would be wise to sit down and talk with your kids about what they might like to change and what they might like to keep the same. You will feel much better about the holiday season after you have done it.

Keep things in perspective

The last thing you need to do is go overboard and buy your kids everything they want because you want to make up for the divorce and feel guilty. Try and provide something better – time and attention. You need to remember that you are not the only person going through a divorce through the holiday season, and that there are many other people out there who are enduring far more tragedy during this time of year. As bad as things are, chances are you have some pretty good things in place like family, friends, health and job security.

 

Post in: Blog, Family Law, Fry & Elder Blog, Fry & Elder News, Tulsa Divorce Lawyer

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