Here you will find an overview of the fields of law in which Mr. Lynn accepts cases.
FAMILY LAW From custody disputes to divorce proceedings, Mr Lynn will represent you in all facets of family law. Without question, some of the most emotionally-charged issues in all of law fall under the domain of family law. Mr. Lynn believes that while Divorce and contested litigation may be necessary and appropriate, nothing useful is accomplished by being mean spirited or vengeful and it can result in increased hostility resulting in harm to children and loss of time with them, and increased costs to the client.
There are several main areas of family law, many times they overlap and an experienced Family Law attorney is needed to guide you through the legal process:
DIVORCE - Also referred to as a Dissolution of Marriage, is the process of ending a marriage, dividing the property that was acquired during the marriage, assessing the need, ability, and appropriateness of support. Emotions many times run high in a divorce but decisions by the client should not be based on emotions, they should be based on fact and the law. Mr. Lynn will provide counsel on the discovered facts and law and recommend a course of action. A Divorce action can either be agreed or contested.
An Agreed Divorce sometimes called a Waiver Divorce is the product of both parties to the marriage recognizing that, for whatever reasons, the marriage is over and agreeing on terms of the Divorce or Dissolution of Marriage.
AGREED DIVORCE, UNCONTESTED DIVORCE, WAIVER DIVORCE, PRO SE or DIVORCE KIT - This is a warning to parties who attempt to do a divorce without consulting an attorney. There are many pitfalls in a divorce proceeding that can result in financial harm to the parties. Most non-lawyers do not know what property is divisible in a divorce. Some times parties simply buy a junk form and have to start over with a legally sufficient form. There are a number of statutory requirements that must be in the divorce forms and if they are not present, the Court will not be able to approve the Divorce. If the forms are not prepared by an attorney or reviewed by an attorney you likely have no recourse if the forms are faulty. If a lawyer does not prepare or review the forms you are not getting any legal advice regarding the proper forms or what you need to do to protect yourself. An out of state Divorce Kit Company or a Paralegal is prevented by law from engaging in the practice of law. The practice of law is the providing of legal advice. Legal Advice is based on a review of the facts of your case and applying the law to give you Legal Advice tailored to your specific facts. Mr. Lynn is aware of several circumstances where the lack of an attorney cost a Pro Se litigant money or property that they were entitled to in a divorce, but did not properly divide.
Mr. Lynn provides a 30-minute free consultation to review documents that have been presented to you or to review forms that you have purchased and advise you on the sufficiency and effect of the documents presented.
PATERNITY - Is the process of establishing a father's legal obligations to his child and his rights regarding the child. Mr. Lynn understands that when both parents have rights to participate in the rearing of a child, even though the parents may not be living together, the odds of both parents meeting their legal responsibilities increase.
CHILD CUSTODY - Is the process of establishing or modifying custody. The determination of which parent should have custody is based upon what is in the best interests of the child. Before a State can litigate a child's custody it must have jurisdiction. Jurisdiction is the power of a court to act. The most common way for a State court to get jurisdiction over a child is for the child and a parent or someone acting as a parent to live in the state for at least 6 months. If you have been notified that Oklahoma is trying to determine custody of your child and the child has not lived in Oklahoma for 6 months, you may be able to object to Oklahoma litigating custody but only an attorney familiar with the U.C.C.J.E.A (Uniform Child Custody Jurisdiction and Enforcement Act) can quickly provide you with proper advice.
CUSTODY MODIFICATION - In a modification, there can be initial barriers to a modification that must be overcome before a Court will look at what is in the best interest of a child. Mr. Lynn is a parent and understands the emotional investment that a parent has in his or her children. Unfortunately when parents can no longer get along, guidelines should be set up to provide stability for the children. It is, after all, children that are the most important thing in any parents life. If someone is trying to modify custody to take custody from you in an action filed in Oklahoma that was granted in another state and you still live in that state, call an Oklahoma Attorney to object to the modification. The UCCJEA mentioned in "Custody" also governs which states can modify custody.
CHILD SUPPORT - Is the process of determining how much support, if any, that a parent of a child is legally obligated to pay to the custodian of a child. This is almost always set by a statutory formula. If your child has received state-provided benefits the State of Oklahoma will be a mandatory party to the child support determination or child support modification. Mr. Lynn believes that each parent should contribute to the expenses of raising children in accord with the law. The setting of an appropriate amount in the law is affected by the amount of time that a child spends with each parent and the incomes of each parent. ONE BIG CAVEAT - IF YOU DO NOT LIVE IN OKLAHOMA AND HAVE NEVER LIVED HERE SEE AN ATTORNEY - You may be able to force child support litigation to your home state. There are many considerations and only an attorney well versed in U.I.F.S.A (Uniform Interstate Family Support Act, 43 OS 601-101) laws can properly advise you.
GUARDIANSHIP OF CHILDREN - Is the process where a court determines that a person who is not a parent should have the legal custody of a child because the parent(s) is temporarily unable due to job, illness or other situation from caring for the child, or because the parent(s) is absent or unfit to care for their child. Mr. Lynn has litigated guardianships from both sides of this issue, to establish a guardianship and to resist or cancel a guardianship as not needed.
DOMESTIC VIOLENCE - A Victim's Protective Order can be issued by a Court to an individual ordering them to 1. stay away from a person, 2. not to harm a person, 3. leave a residence and not return. The law makes violation of that order a crime. While an order of protection does not guarantee safety against a deranged or determined abuser, it can make it easier for law enforcement to intervene and makes it more likely that criminal punishment will occur for continued violence. Before filing for a Protective Order, a victim should consult with a qualified Attorney or a Domestic violence counselor and receive "Safety Planning" to help the victim stay safe. NOTE: A Protective Order is not always the best thing to do as it may incite a few abusers to increase the level of violence to life-threatening levels. THE MOST DANGEROUS TIME FOR A VICTIM IS WHEN THEY ARE ATTEMPTING TO LEAVE THE ABUSER! IF YOU ARE IN IMMEDIATE DANGER, CALL 911. THE YWCA DOMESTIC VIOLENCE HOTLINE IS 1-405-917-9922.
EXPUNGEMENTS - Oklahoma's recent criminal justice reform reducing felony possession of CDS to misdemeanors, many people who have felony drug possession convictions may now be able to expunge their criminal conviction records and arrest records.
THIS WEBSITE DOES NOT PROVIDE LEGAL ADVICE NOR DOES IT CONSTITUTE AN OFFER TO PROVIDE REPRESENTATION THAT CAN BE ACCEPTED BY THE CLIENT. LEGAL ADVICE OR REPRESENTATION IS PROVIDED ONLY AFTER AN INTERVIEW AND CONFLICT CHECK AND AFTER FACTS SPECIFIC TO A MATTER HAVE BEEN GATHERED AND AN AGREEMENT HAS BEEN REACHED TO PROVIDE REPRESENTATION OR ADVICE.
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