Serving Payne, Logan, & Noble Counties

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The Temporary Order

The first stage in many family law cases is the temporary order. A temporary order is an order entered by the court after a hearing on an Application for Temporary Orders.  The order is called a temporary order because it remains in place only until your case is finished. It will be replaced by a final order after a trial, or once the parties reach an agreement as to all issues in the case.

The point of the temporary order is to set out guidelines for how both parties are to behave during the pendency of your case.

The temporary order will contain orders pertaining to child custody, visitation, use of property and payment of debts. Remember: this order is  temporary and does not affect the final order that will be determined later.

Your temporary order hearing will be held on what is called a domestic “docket.” The docket will have many other cases presented one after the other.

After the judge has finished going through the entire docket, the attorneys are dismissed to speak among themselves and try to come to agreements on the matters before the court. This is normally done in a conference room without the clients present; do not be alarmed when the attorney leaves the courtroom. You should remain seated until you are informed by the attorney that you may leave.

 

If the attorneys cannot come to an agreement about your temporary order the Court will then set a hearing date to present evidence to the Court.  

 

Social Media

As the use of social media continues to increase along with the Court’s increased willingness to allow evidence derived from social networking sites, there are some things you should consider while your case is ongoing.

  • “Social Media” includes Facebook, MySpace, Twitter, Google+, Match.com, personal blogs, or other internet based sites that allow you to network with other people and share things about yourself.

  • All forms of social media are admissible in Court.

  • We strongly advise that you immediately discontinue, close or suspend all usage of your social media accounts until the conclusion of your case.

  • Failing to follow this advice could result in the opposing party using things you have posted, or otherwise distributed, against you in Court. This could detrimentally affect the outcome of your case.

  • Dangers include not only what you post but what your friends or contacts post. There have been numerous situations where a person believed his or her account was private but the opposing party was able to sidestep the controls and access postings, photos or other potentially harmful information.

If you think that your case warrants surveillance of your spouse’s social media, please let me know immediately. Our office utilizes the latest discovery techniques related to social media.

 

Other Tips:

If you absolutely cannot live without your social media accounts here are some other tips to consider:

  • Defriend your spouse.

  • Defriend mutual friends of you and your spouse. Remember: anyone who can see your profile/ wall could possibly share that information with others.

  • Remove all pictures that include you smoking, drinking, or engaging in any activity that could portray you in an unflattering way.

  • Do not post pictures of yourself with your new significant other.

  • Do not make negative comments about your spouse on your page or anyone else’s.

 

Texting

While in some situations texting may seem like a less combative way to communicate with your spouse, you should keep in mind that an angry or poorly thought out text could show you in a negative light if used as evidence in court. When sending a text, consider how it would look to the Judge who is deciding your case. You should not use texting as a means to harass your spouse during the pendency of this case.

Likewise, you should keep records of all texts you receive from your spouse and let my office know if he or she is being abusive or inappropriate.

Please bring a printed version of the texts that you find offensive with you to an office visit.

You cannot complain of harassing texts if you reply. Please avoid responding to any inappropriate texts.

What is the Parenting Class About?

Curriculum for the classes is prescribed by law. Under the new law, classes must address:

 

The possibility of reconciliation as an optional outcome;

Short and long term effects of divorce on child well-being;

Effects of family violence;

Information about the emotions children may experience during a divorce and how to respond;

Communication strategies to reduce conflict and facilitate cooperative parenting;

Availability of resources that can “address issues of substance abuse or other addictions, family violence, behavioral health, individual and couples counseling and financial planning.”

 

Before taking any class, please make sure that it meets the requirements of the new law. Failure to take the appropriate class could result in a delay of your custody proceedings and a waste of your time and money.

 

When do I need to take the parenting class?

You should schedule and attend a parenting class as quickly as possible after your divorce/paternity matter has been filed.

 

The law requires that these classes be taken as quickly as possible after the initial divorce petition is filed. Delay in taking this class will have an effect on how quickly your case will be heard by the court. Regardless, the class must be completed prior to the court granting any final divorce that involves minor children.

 

What do I do after taking the parenting class?

After you have taken your parenting class you will be provided with a certificate of completion from the instructor. Bring this document to my office after you receive it so that I will know you have completed the class and I can have the certificate filed with the court.

 

Where do I take the parenting class?

There are several organizations in this community that are offering these parenting classes.  Below are a few options for your convenience:

 

Up To Parents

Up To Parents is a Website that offers a free online parenting course. It allows you to work at your own pace to complete the necessary exercises.

To complete this course go to www.uptoparents.org.

You must create an account on the homepage and then follow the directions to complete the exercises.

 

Positive Parenting through Divorce

This class is offered online and can be completed in several sessions.

To register for this class call (866) 778-3349 or visit:

www.positiveparentingthroughdivorce.com

 

The cost for this class is $60.00.

 

Co-Parenting for Resilience

OSU’s Center for Family Services hosts a class called Co-Parenting for Resilience.

This program lasts between 3-4 hours.

To register for this class call (405) 744-5058 or visit:

http://humansciences.okstate.edu/cfs

 

If your case is in Noble County court rules require you take this parenting class.

 

The cost for this class is $30.00.

 

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Court Required Parenting Class

Oklahoma law  requires  most divorcing parents to attending a parenting class. The purpose of these classes is to provide resources and advice to parents about how to successfully co-parent a child through, and after, a divorce.