Strategical planning combined with pressure and a unique scenario might as well be the holy trinity for a skilled and motivated trial lawyer.

Fry & Elder attorney Preston Bennett was faced with such a situation when a disheveled client entered his office earlier in the fall.

“She thought she had no parental rights because she was told by someone involved in the situation, she had none,” Preston Bennett said. “I told her she was wrong. She absolutely had parental rights.”

Turns out, the up-and-coming Tulsa attorney was correct. Although a highly unique case, Bennett was able to updend the legal table to degree and win his client parental rights in a same sex divorce child custody case.

Though growing, to say same sex divorce child custody cases are commonplace in the Oklahoma judicial system would be an understatement.

“A really novel issue and a really interesting case,” Preston Bennett said. “The couple had been together for a while when they decided to have a child. The opposing party was artificially inseminated and gave birth while her and my client were together.

Four years into raising the child together, when the biological mother decided to file for divorce. The biological mother who was artificially inseminated by a sperm donor, also claimed that the other parent had no, parental rights.

“The reality is that claim was false, but it also has been 10 years since same-sex marriage became legal in Oklahoma,” Bennett said. “Needless to say, some unique circumstances have occurred since the law was put in place.”

Bennett did some research after initially meeting with his client and quickly came across a 2019 case that mirrored the situation his client was facing.

The case involved two parties, Lori Schnedler and Heather Nicole Lee. The outcome of the initial trial sided with Lee, the biological mother, stating the Schedler has no parental rights.

Schedler and her defense team appealed the verdict and took the case to the Oklahoma Supreme Court which reversed the ruling to award Schnedler parental rights.

“I think that ruling by the Supreme Court really signified, that we are in a new age, and we need to start adapting to fit with present times,” Preston Bennett said. “It takes wins like this for legislators to take action and pass laws.

As Preston Bennett likes to say, “Here at Fry & Elder, we believe in fighting for parents’ rights no matter, race, creed, or gender.”

Contact Fry & Elder today to set up a personal consultation with Preston Bennett.

The Fry & Elder name continues to hold considerable clout in courtrooms throughout Oklahoma and, really, the rest of the United States. The iconic Tulsa law firm was selected for inclusion in the 14^th edition of the United States Best Law Firms® rankings.

The selection to the 2024 Best Law Firms List marks the 10^th consecutive year Fry & Elder has been chosen to further validate Fry & Elder as being one of the best U.S. law firms.

“Just an amazing honor,” Fry & Elder managing partner Simon Harwood said. “To be considered among the best U.S. law firms is quite flattering and, at the same time, very humbling. More than anything, I think it emphasizes the culture we have at this law firm and the commitment we have to one another and our clients.”

Although Fry & Elder has a long history, the firm continues to grow and evolve. The firm is home to nine practicing attorneys – one of whom Preston Bennett recently won a unique child custody case involving a same-sex divorce.

Earlier in the fall, fellow Fry & Elder attorney Zach Mortazavi attended the AFCC-AAML 2023 Conferenceon Advanced Issues in Child Custody: Evaluation, Litigation, and Settlement in Washington D.C.

“One thing I really appreciate about this firm is that we support and challenge one another,” Zach Mortazavi said. “That not only energizes us but also our clients to a degree.”

Best Lawyers® is considered by many to be the oldest and most respected legal publication. Much of that has to do with its comprehensive peer-reviewed selection process that “relies on qualitative and quantitative data, legal skillset, achievements, and client successes collected through a submission process managed by Best Lawyers.”

Best Lawyers CEO Phillip Greer said in a release that “These rankings … serve as a true North Star for the industry. We know that the legal professional – like so many industries today – is undergoing a transformation led by proliferating technology, global demands, and evolving social norms.”

With roots dating back to 1932, Fry & Elder continues to embrace the challenges of remaining an industry leader in the legal world all while continuing to add to its rich history as one of the best U.S. law firms.

Contact Fry & Elder today to set up a personal consultation.

A criminal record can loom over one’s life – often casting a dark shadow that can limit opportunities along with causing a continual stigma. The attorneys of Fry & Elder understand the predicament that a criminal conviction can bring to one’s life, but there are options to move forward and wipe the past clean so to speak.

On May 2, 2022, Oklahoma Governor Kevin Stitt signed into law a comprehensive process making expungement automatic for all otherwise eligible misdemeanors and a range of non-conviction records.

As the Collateral Consequences Resources Center said, “Oklahoma thus becomes the tenth state to join the bipartisan trend toward broadening the availability of record clearing to people with convictions, without requiring them to file a petition and go to court for relief.”

What this means is that individuals with a misdemeanor conviction can have the opportunity to expunge or seal their benefits.  

What is Expungement?

Expungement is a legal process that allows an individual to have certain criminal records sealed or destroyed which effectively removes them from public view. The overarching goal of expungement is to give individuals a second chance to move forward with a clean slate.

Some of the more commonly expunged misdemeanors include traffic violations, petty drug offenses, DUI, petty theft, and incidents that disturb the peace.   

What Are the Benefits of Expunging a Misdemeanor in Oklahoma?

There benefits of expungement or having your record sealed from misdemeanor charges are numerous. These include:

Employment Opportunities: Having a misdemeanor on your record can often create difficult barriers to employment, particularly within certain professional industries that perform thorough background checks.

Housing: Similarly, many landlords also conduct background checks on prospective tenants. The chances of finding suitable housing can increase exponentially with an expunged record.

Education: Although not always, it is possible that a higher educational institution could deny admission to individuals due to a criminal record. A sealed record is sometimes the key to opening the door to pursuing an education.

What Are the Necessary Steps to Take to Expunge a Misdemeanor in Oklahoma?

The first and most crucial step in the process is to consult with an attorney who is experienced in criminal record expungement. The attorney will be able to assess your eligibility and help navigate you through the process.  

Another big step in the process involves filing a petition in the District Court where you were originally charged. Your petition will inform the court that you are eligible for expungement and that you wish to fully expunge and seal your misdemeanor charges.

Your attorney will help you gather documentation and petition the court and make a compelling case as to why your record should be expunged.

Why Experience the Fry & Elder Difference

The Fry & Elder name has been synonymous with Oklahoma legal excellence since 1932. Our team of attorneys are well-versed in the expungement process, and we have successfully defended and fought for our clients for decades.

Our commitment to excellence has not gone unnoticed. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. Preparation and the desire to give our clients the best representation possible are the motivating factors that enable us to be better informed and prepared than other attorneys. Contact Fry & Elder today to set up a personal consultation.

Venerable and up-and-coming Fry & Elder attorney Preston Bennett views cyberbullying as the digital epidemic facing many of today’s youth, particularly those in Oklahoma schools.

“It is a problem that parents, educators, and government officials really need to be aware of,” Preston Bennett says. “Unlike typical bullying that many may have grown up with observing or even experiencing, cyberbullying can be vicious in that it can operate on a 24/7 cycle through digital communication such as text messaging and social media platforms.”

What is Cyberbullying?

Cyberbullying is a form of harassment that occurs online, typically through social media, text messages, emails, or other digital platforms. As Bennett highlighted, unlike traditional bullying, cyberbullying has the potential to reach a broader audience and can happen 24/7, leaving victims feeling helpless and trapped.

The Prevalence of Cyberbullying in Oklahoma?

Just as it has become in many other states across the United States, cyberbullying is a pressing issue in Oklahoma. In fact, according to one Broadband Search study, 73 percent of students felt they had been victims of cyberbullying at some point in their lifetime.

There are many factors that have led to a rise in cyberbullying in Oklahoma and across and the nation. These include:

• Digital Connectivity: The high rate of internet and smartphone usage in the state has made it easier for cyberbullies to target their victims.
• Youth population: Oklahoma has a significant youth population, and cyberbullying is often more prevalent among adolescents and teenagers.
• Social Media: Popular social media platforms like Snapchat, Instagram, Facebook and Twitter provide optimal avenues for cyberbullying to occur.

What are the Consequences of Cyberbullying in Oklahoma?

Not surprisingly, cyberbullying can have severe consequences for victims. These include but are not limited to mental health issues, academic decline, isolation and withdraw, physical health issues, and legal repercussions.

Why Contact an Experienced Oklahoma Cyberbullying Attorney?

Presently, there are no Oklahoma anti-bullying laws that cover off-campus conduct. This makes it all the more imperative to seek out a personal consultation with an experienced Oklahoma cyberbullying attorney to ensure that the best interest of the child is being met.

Cyberbullying and cyberstalking can incur serious fines and substantial incarceration time for a guilty defendant. If you’ve been arrested for or charged with a related crime, contact a local criminal attorney right away. A qualified lawyer can give you sound legal advice and recommend the best course of action for the unique circumstances of your case.

Similarly, you may be able to recover money damages if you’ve been a victim of these types of offenses. A lawyer can advise you about the potential civil causes of action that might apply to your case.

Why Experience the Fry & Elder Difference?

Our criminal defense attorneys at Fry & Elder have successfully fought for our clients for decades. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. Preparation and the desire to give our clients the best representation possible are the motivating factors that enable us to be better informed and prepared than other attorneys. Contact Fry & Elder today to set up a personal consultation.

Labor Day weekend culminates the ending of summer and the beginning of fall for many. Unfortunately, mistakes can happen over a long weekend, particularly Labor Day weekend when many are boating, barbecuing with friends, and out driving.

The Oklahoma Highway Patrol and local police departments are aware of this – increased police patrols, traffic stops, and DUI checkpoints have been in play since mid-August and will run through the beginning of September. 

While Fry & Elder hopes everyone had a safe and enjoyable Labor Day weekend, mistakes can happen. If you did get pulled over and have been charged with DUI (Driving Under the Influence) or DWI (Driving While Impaired), it is in your best interest to immediately consult with an experienced Tulsa DUI defense attorney.

Our team of attorneys will meticulously analyze your case and assess your options – some of which could be getting the charge dropped.

For instance, if you took a field sobriety test, our attorneys will want to know if the officers involved were properly trained and the test was correctly administered. We’ll do the same if you were subjected to a breathalyzer – the reliability of which may be challenged in court – or if police extracted your blood to test for blood alcohol concentration. We’ll want to know if the police followed the law leading up to your traffic stop. Did you, in fact, commit a traffic violation? Did the police have sufficient cause to believe you may be impaired?

A DUI arrest does not automatically mean that you will be convicted, or that the charge will remain a part of your permanent criminal record. It does, however, mean that you will need to be prepared to fight the charges against you.

Our criminal defense attorneys at Fry & Elder have successfully fought for our clients for decades. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. Preparation and the desire to give our clients the best representation possible are the motivating factors that enable us to be better informed and prepared than the prosecution.

If you did get behind the wheel and were stopped for a DUI over Labor Day weekend, contact Fry & Elder today to set up a consultation and discuss your options with a proven and experienced Tulsa DUI defense attorney.

Robert G Fry Jr. plays a little more golf, travels a bit more, and arrives at the office a little later these days, but the well-known Tulsa family law attorney continues to perform at a high level. In fact, the veteran attorney with more than 50 years experience still garners the highest accolades one can receive in his profession.

Best Lawyers® recently released its milestone 30^th edition of The Best Lawyers in America® and not surprisingly Robert Fry was included among the best attorneys in America.

The selection of Fry for the 2024 edition of The Best Lawyers in America® marks the 14^th consecutive year the distinguished attorney has been selected for inclusion by Best Lawyers®.

“It is a great honor that I certainly don’t take for granted, particularly at this time of my career,” Robert Fry Jr. said. “I have been very fortunate to have had the longevity that I have enjoyed over the years, but I remain very passionate. I really enjoy consulting with clients and working with our attorneys and legal personnel to provide the best course of action we can moving forward.”

A Dynamic Tulsa Family Law Attorney

Not surprisingly, Fry was listed in Best Lawyers® for his prowess in family law. Fry was named a Tier 1 attorney for family law. He was one of only seven Tulsa family law attorneys to make the list.

Robert Fry has racked up numerous awards and honors for his work in family law over the years. He was named Best Lawyers® Lawyer of the Year for Family Law in 2016. He is a Fellow of the American Academy of Matrimonial Lawyers and a past president of the Oklahoma Chapter.

Fry also has been named to SuperLawyers® multiple times and also carries an AV Preeminent rating by Martindale-Hubble, which is the highest recognition possible in the legal industry for professionalism and ethics.

“He’s just one of a kind,” longtime partner James Elder said. “I marvel at his energy and longevity. Most people don’t enjoy stress, but he thrives on it.”

The Methodology Behind Best Lawyers® Selection Process

Best Lawyers® is widely viewed as the oldest and most respected peer-review publication in the legal profession.

Much of this has to do with the rigorous selection process Best Lawyers® employs. Lawyers are not permitted to pay any fee to participate in or be recognized by Best Lawyers.

Simply put: one cannot just be named one of the best attorneys in America.

As the website states:

“Recognition by Best Lawyers® is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

“Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer-review survey is directly related to the quality of the voters.

“Inclusion in The Best Lawyers in America® is based on a comprehensive peer-review survey, which this year, comprised of more than 13.7 million confidential evaluations from your peers. This year alone, almost 25,000 voters responded to our survey. Our purely peer review methodology is at the core of our company’s credo, as we truly believe the best lawyers know who the best lawyers are.”

Although Fry is not in the office as frequently as he once was, the venerable attorney still makes it a point to stop by the Fry & Elder offices at 1630 S. Main Street in Tulsa every day, and, of course, Fry makes it a priority to promptly reply to any message he receives from a client.

“That’s the only way I know how to operate,” Robert Fry Jr. said.

Contact Fry & Elder today to set up a personal consultation with one of the best attorneys in America.

School bullying and cyberbullying would not be an issue in Oklahoma K-12 schools in a perfect world. But school bullying, cyberbullying, and harassment have been a growing concern facing students, parents, and schools throughout Oklahoma.

Fry & Elder attorney Preston Bennett knows this all too well. The up incoming Tulsa attorney recently won a civil lawsuit for a client involving a repeated school bullying incident.

“It was a unique case in that my client was not necessarily fighting the school, we were fighting against a policy they had in place,” Preston Bennett said. “These types of situations can get very emotional and volatile quickly. It was important for us to take the right kind of approach and be patient while always having the best interest of the child in mind.”

Bennett suggests that there has been an uptick in these types of cases partially because of increased access to social media and technology, and also because of other factors such as the Coronavirus Pandemic and increased inflation.

“There are a lot of people on edge right now regarding many of the policies in place,” Preston said. “Some of that can’t help but filter down to our youth which often translates into aggressive behavior.”

According to a 2020 report from The Heartland Institute almost one in five Oklahoma high school students, 19.4 percent, were bullied on school property in 2019, while another 14.5 percent of state high school students reported being cyberbullied.

Defining Oklahoma School Bullying:

The Oklahoma anti-bullying laws include the following definition of bullying or harassing behavior per Oklahoma Statues Title 70. Schools §70-24-100.3:

“Bullying” means any pattern of harassment, intimidation, threatening behavior, physical acts, verbal or electronic communication directed toward a student or group of students that results in or is reasonably perceived as being done with the intent to cause negative educational or physical results for the targeted individual or group and is communicated in such a way as to disrupt or interfere with the school’s educational mission or the education of any student.

In 2022, Sen. Dewayne Pemberton, R-Muskogee, authored Senate Bill 1138 as a modification to School Safety and Prevention Act to help improve the safety of public schools and better protect students from bullying and harassment.

According to the StopBullying.gov website, “Oklahoma school districts must adopt a policy for the discipline of all children attending public school and for the investigation of report incidents of bullying. School district policies must contain key policy and procedural elements …”

The website also highlights how Oklahoma anti-bullying laws encourage districts to “train teachers and other school staff on how to respond to bullying incidents.”

“Most Oklahoma school districts have become more proactive in implementing and updating bullying prevention strategies and policies,” Preston Bennett said.

Bennet was quick to follow that up saying no policy or prevention strategy is perfect. A situation may arise in which calling an experienced attorney who will advocate for you and your child.

Experience The Fry & Elder Difference

With origins dating back to 1932, the name Fry & Elder has long been synonymous with Tulsa legal excellence.

The firm focuses on family law and personal injury law in addition to criminal law. Fry & Elder has also been nationally recognized having been named to the U.S. News & World Report’s Best Law Firms list every year since 2014.

Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Tulsa school bullying attorney.

It is a Saturday night and you are entertaining friends at your residence when you get a knock on the door. It is the police and they want to come in. The first questions which likely come up are: What do you do? Followed by a series of questions such as: Can you ignore them? Are you legally required to open the door? Will they break down the door?

The above hypothetical is a realistic one that has and can happen. The criminal defense attorneys of Fry & Elder will shed some light on common probable cause questions so that you can have a better understanding of your rights.

Do Police Need a Warrant to Enter and Search My Home?

The short answer is yes. The Fourth Amendment to the U.S. Constitution states that a person has the right to be secure in their “persons, houses, papers, and effects, against unreasonable searches and seizures.”

This means that unless an officer has a search warrant, they generally cannot enter a person’s home. All police searches must be reasonable; unreasonable searches of your property are illegal and any evidence gathered during an unreasonable, illegal search cannot be used against you in a criminal case.

In many ways, the Fourth Amendment is there to remind the government that unless it is an emergency, law enforcement officials cannot just bust into someone’s home without an order from a judge.

Your Fourth Amendment right will be waived if you open the door and invite the police inside. Even if you have nothing to hide, there is usually nothing to gain by allowing the police to search your residence.

What defines a valid search warrant?

This is another common probable cause question many ask. A valid must meet four requirements:

1. The warrant must be filed in good faith by a law enforcement officer
2. The warrant must be based on reliable information showing probable cause to search
3. The warrant must be issued by a neutral and detached magistrate
4. The warrant must state specifically the place to be searched and the items to be seized

Can Police Enter Your Home Without a Valid Search Warrant?

There are only two ways the police can enter your home: the first is if you give your consent, and the second is if there is an immediate emergency that reasonably requires the officer to enter the home without a warrant.

An example of an exigent circumstance would be if a person within the house was being held hostage or threatened by someone the police believe is armed and dangerous and the police reasonably believe the search is necessary to protect life and prevent serious injury.

The cops may also be allowed to enter a home to prevent the destruction of evidence or contraband. Another common exigent circumstance occurs in domestic violence cases wherein the police are responding to a 9-1-1 call of domestic violence and they need to enter the home to prevent serious injury.

Once the police enter your home in these situations or with a valid search warrant anything the officer hears, sees, or smells is fair game.

Experience the Fry & Elder Difference

With roots dating back to 1932, the name Fry & Elder has been synonymous with legal excellence for nearly 100 years.

Our team of attorneys and legal personnel believe it is very important for citizens (and non-citizens, too) to know their rights and be willing to exercise them when dealing with law enforcement. If you are facing criminal charges resulting from evidence seized in an unlawful search, contact Fry & Elder today to set up a personal consultation with an experienced criminal defense attorney.

A New Year can bring about many resolutions. These might include cutting back on certain foods or alcohol, going to the gym more frequently, becoming more fiscally responsible or several other lifestyle changes. For those who have gone through divorce and have been paying a high amount child support, it’s quite possible you are asking the following question: Can child support in Oklahoma be changed after a divorce has been finalized?

The short answer to this question is yes, but with a few caveats the Tulsa law firm of Fry & Elder would like to point out by answering the following questions.

What Are the Requirements for Changing Child Support?

In Oklahoma, changing the amount owed for child support is called a child support modification. The parent paying child support may qualify for a different payment amount if there has been a substantial change in circumstances.

The court leaves this open to interpretation. Common situations that qualify are loss of employment, alteration to the child custody schedule, and the birth of another child.

A court does not usually consider small changes to life circumstances or income. It will consider significant changes that have an impact on the parent’s ability to pay the current child support amount ordered.

Modifications can also be sought after an increase in income. A significant promotion might result in a higher child support payment.

When Should You Request an Oklahoma Child Support Modification?

Oklahoma child support modifications are allowed when warranted. The two factors which typically determine whether an Oklahoma child support modification is warranted or not is that either there has been a significant change in circumstance since the initial order was issued or there was a problem at the time of the initial order.

Significant change of circumstance include the following according to OKLaw.org.

• The child is no longer entitled to child support;
• Verified permanent medical disability of either parent;
• Court ordered custody change;
• Change in daycare or medical insurance; or,
• Significant change in income in either parent’s income

Additionally, if there’s been a significant period of time to three years since the original decree was entered you can apply for current income information, as the child support probably would be increased.

How do I start the process of modifying child custody?

You must first file a motion to modify custody in the court that has jurisdiction to modify the prior custody order. The motion to modify is an important legal document that initiates your case. Once the motion is filed, the other parent must be served with it.

In Oklahoma, the receiving parent then has 15 days to file an answer with the court upon being served. If the two sides cannot agree to the requested modification of child custody, then the parents must present the matter to a judge at a formal hearing. Both parents will have the opportunity to present evidence on the matter at a trial.

Fry & Elder Here to Help You Through the Oklahoma Child Support Modification Process

If you need help navigating changes to your child support plan, the family law attorneys at Fry & Elder will not only help you through the process, but customize a game-plan tailor-made to fit your request.

With roots dating back to 1932, Fry & Elder has long epitomized Tulsa legal excellence in family law, criminal law, and personal injury law. The firm has also achieved national notoriety having been named to the U.S. News & World Report’s Best Law Firms List every year since 2014.

Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Tulsa support attorney.