Yukon Family Lawyer

Hiring an attorney requires investing in a partnership. We are here to help you better understand your legal matter and achieve your goals when it comes to divorce, child custody, child support, or even spousal support when applicable. The entire team at The Law Office of Hoskins & McClain  is committed to your unique legal endeavors from beginning to end. Our highly skilled and proficient lawyers are dedicated to upholding family law and delivering results for our clients at every turn. We pride ourselves on being honest, reliable, and committed to your cause.

Child Custody

The attorneys at Hoskins & McClain understand the difficult nature of even the idea of spending any time away from your child, which is why we focus on positive solutions for everyone involved. Divorce is already very complicated, and children often feel torn about all of the uncertainties such as where they will live, how they will travel, and how much time they get to spend with each parent. The best interests of the child or children involved in your case will always be the most important aspect of said case.

Each parent, and each custody case, our lawyers represent is unique. As such, each case presents different facts and circumstances that may be determinative of the outcome.

Those variables can include, but are not limited to:

  • Activities each spouse is (or is not) involved in with the child(ren).

  • Amount of time each spouse currently spends with the child(ren).

  • Parents promoting a healthy and positive relationship with the child/other parents.

  • Volatile circumstances that interrupt the child’s quality of life, including arguments, threats, negativity, or any type of domestic violence.

  • Both parents’ schedules for work, travel, and commitments outside the home.

  • Either parent's general conduct and behaviors, especially while the child is in his or her care. 

The specifics of each instance listed above may be applied to your child custody case and potentially lead to your success in front of your assigned Judge. 

Divorce is a deeply personal journey and requires assistance and guidance from an experienced attorney to ensure your rights are protected throughout the process. Our experience and compassion allows us to customize your legal solutions. We aim for you to receive everything that you deserve so that you may move forward in your life with peace and confidence. 

In the year 2021, men marrying men and women marrying women is (finally) common and accepted. Our team has had the pleasure of resolving divorce and custody issues for many members of the LGBTQ+ Community. If this is you, your situation is still legally new, but not as new as it was ten - or even five - years ago. Oklahoma Courts have actually been establishing precedent on issues of same-sex marriage and custody for many years. Our attorneys would be honored to help you navigate your legal proceeding and establish even more precedence for an issue such as yours.

Our goal is to provide timely solutions for spouses who are ready to move forward with their lives and put their marriage behind them. We understand that the sooner your divorce is finalized, the quicker you can start focusing on YOU!

Working with an experienced attorney will help you to understand what child support you may be responsible for or entitled to.  Our team can also help ease the burden of child support enforcement, arrearage collection, and modification of existing child support.

Child support is usually a critical issue for both parties, whether you are the custodial parent who depends upon the money received or the noncustodial parent paying said money to the other. While all states (Oklahoma included) have child support guidelines for uniform and predictable child support determinations, these formulas do not always apply in every circumstance or yield an equitable result.

When the guidelines do not reflect the whole picture, you may benefit from the intervention of an experienced family law attorney. Our team of lawyers at The Law Office of Hoskins & McClain has represented parents on both sides of child support matters, including initial determination, modifications, and enforcement.

Fun fact: In Oklahoma, some parents may be entitled to child support for up to two (2) years prior to filing your action. If you are the mother, this may even include costs related to giving birth to your child. Title 10, Section 83.

Paternity

With more and more babies being born to parents who aren’t married, the issue of paternity is one that needs to be addressed. One common misconception that we face is the idea that a "Paternity" action just establishes the father. While that is true, a Paternity action also establishes visitation, legal custody, child support, and so much more. Whether you are a father who is not married to your child’s mother and want to establish your rights or a mother seeking support from your child’s father - if you have had a child and you are not married certain laws apply specifically to you. Even in the most cordial of situations, it is vital that you ensure your rights are legally established and thereby protected. 

Children typically thrive when they have both parents in their lives, and it is Oklahoma's policy to ensure frequent and continuing contact with both parents. Each child deserves time and financial support from both parents. We work for the good of your child, and your child’s future.

Adoption

 

Adoptions hold a special place in our hearts at The Law Office of Hoskins & McClain. We want to share the special moments with you throughout your adoption journey and help you unify your meant-to-be family as swiftly as possible. 

If you are a parent facing potential termination of your rights to allow some third party (such as a stepparent) to adopt your child, we may be able to help. Parental rights are constitutionally protected and courts are hesitant to restrict or terminate those rights, especially when a parent is fighting for his or her child. Let us fight for you and your child.

Family Law Frequently Asked Questions 

Do I Need an Attorney to Get a Divorce?

Divorce is one of the most complex legal processes, especially when assets and children are involved. On top of that, it can be an extremely emotional process. While it's not required that you have an attorney to get a divorce, it is highly recommended.

 

Almost every couple will hit roadblocks and disagreements throughout the divorce process. An experienced attorney will help you navigate those disagreements and come to a resolution while also making sure your rights are protected. It is challenging and time-consuming to change your divorce agreement after the fact, so you want to make sure you don't enter into a bad deal or give up any of your rights.

 

In addition, if you and your spouse are unable to reach an agreement and you need to go to court, it will be important that you have someone on your side, zealously advocating for your rights and taking some stress off of you.

How are assets divided in a divorce?

Oklahoma is an equitable distribution state. In an equitable distribution state, assets that are considered marital property are divided fairly either through agreement by the spouses or by the courts. Equitable distribution does not mean a 50-50 split. Factors, such as each spouse's income, how the asset is used, the asset's value, and the child custody arrangement, help to determine how property will be divided.

 

It's important to note that this equitable division only applies to marital property. Marital property is any property that was acquired during the marriage, regardless of who contributed it or who owns the asset. Separate property is anything the spouse brought into the marriage, as well as any gifts, inheritances, or settlements received during the marriage. Separate property is not divided.

What are the steps to get a divorce in Oklahoma?

Every divorce is different, but there are still a few key steps you will need to take to get a divorce in Oklahoma:

  1. Meet the residency requirements – To file for divorce in Oklahoma, at least one spouse must have lived in the county you file in for at least 30 days and in the state for no less than 6 months.

  2. File the divorce petition – This document, also called a Petition for Dissolution of Marriage, will be filed with the county.

  3. Complete discovery – If there are any disagreements with your spouse during the divorce process, then your spouse, your attorney, and you will identify issues and exchange information.

  4. Conduct settlement discussions – You, your spouse, and your respective attorneys will meet to discuss the information exchanged and attempt to come to an agreement. If you cannot agree, you may need to attend court hearings.

  5. Finalization – Oklahoma has a waiting period, which varies depending on the situation. Once the waiting period is over, you'll get your final divorce decree.

How is child custody determined?

When determining custody, the court will look at the best interests of the child, which includes the child's physical and mental well-being. Factors the court may consider include:

●  The desires of the parent and the child

●  Other significant relationships in the child's life

●  How the parents have handled the child's appointments, activities, schooling, etc.

●  Each parent's ability to provide for the needs of the child

●  Previous criminal actions, drug use, abuse, or unsafe home environment

Well-versed in the legalities of adoption, Hoskins & McClain can make the process as smooth and uneventful as possible. Our lawyers diligently work with all parties and the court, so that your family can quickly celebrate its newest member. Practicing in Oklahoma City with more than 17 years in combined experience we offer you the trusted advice you need as you go through this complex process. Our team is committed to helping you take the necessary steps to grow your family.

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