The Major Impact McGirt Has on Oklahoma Family Law

May 27, 2022


Welcome to John P. Bennett, Attorney at Law, your trusted advocate in all matters related to Oklahoma family law. In this article, we will explore the major impact that the McGirt v. Oklahoma Supreme Court ruling has had on family law cases in the state of Oklahoma. As a leading expert in the field, Attorney John P. Bennett is dedicated to helping individuals and families navigate through these changes and achieve the best possible outcomes.

Understanding McGirt v. Oklahoma

McGirt v. Oklahoma was a landmark ruling by the U.S. Supreme Court in 2020, which affirmed the reservation boundaries of the Muscogee (Creek) Nation. This decision fundamentally changed the legal landscape in Oklahoma, impacting various areas of law, including family law.

Impact on Child Custody and Visitation

One of the significant impacts of the McGirt ruling on Oklahoma family law is the jurisdictional disputes that have arisen in child custody and visitation cases. As a result of the ruling, if one or both parents involved in a custody dispute are tribal members or their child is eligible for tribal membership, the case may fall under tribal jurisdiction rather than state jurisdiction. This shift requires a thorough understanding of both tribal law and state law, which is where Attorney John P. Bennett's expertise plays a crucial role.

Effects on Divorce Proceedings

McGirt has also affected divorce proceedings in Oklahoma, particularly when one or both spouses are tribal members or reside within the boundaries of a recognized Native American reservation. Determining jurisdiction, division of assets, alimony, and child support can be complex in these cases, as they may involve tribal courts, federal courts, or state courts. Attorney John P. Bennett is well-versed in the nuanced legal aspects of these situations and can guide you through the process with competence and professionalism.

Modifications of Existing Orders

If you already have existing family law orders such as child custody or child support agreements in place, the McGirt ruling may necessitate modifications to ensure compliance with the new legal framework. Understanding the applicability of tribal law and state law in these modifications is essential. Attorney John P. Bennett has extensive experience in successfully navigating these complexities, ensuring that your rights and interests are protected.

Protecting Your Rights and Interests

When facing family law issues in the wake of the McGirt ruling, it is vital to work with an experienced attorney who can skillfully advocate for your rights and interests. John P. Bennett, Attorney at Law, is deeply committed to providing comprehensive legal assistance tailored to your unique situation. With a deep understanding of both tribal law and Oklahoma family law, Attorney Bennett can help you achieve the best possible outcome in your case.

Contact John P. Bennett – Your Trusted Oklahoma Family Law Attorney

If you are dealing with family law matters affected by the McGirt ruling, it is crucial to seek legal advice and representation from an attorney who specializes in this complex area of law. Contact John P. Bennett, Attorney at Law, today to schedule a consultation. With his expertise and personalized approach, you can rest assured that your case will be handled with the utmost professionalism, efficiency, and dedication.


The McGirt ruling has undoubtedly caused a seismic shift in Oklahoma family law. Navigating the intricacies of tribal law, federal law, and state law can be challenging for individuals and families going through divorce, child custody disputes, or other family law matters. By choosing John P. Bennett, Attorney at Law, you are choosing unwavering support from a legal professional who has dedicated his career to helping clients achieve positive outcomes during these challenging times. Trust us to navigate the major impact of McGirt on Oklahoma family law effectively.