What Are the Child Custody Laws During a Divorce in Oklahoma?
Few things are more contentious during a divorce than child custody. The arrangement your family comes up with will depend on Oklahoma’s specific laws, the skill of your Oklahoma City divorce lawyer, and the specifics of your case. Read on to learn more about how Oklahoma deals with child custody.
In Oklahoma, child custody decisions are based on the best interests of the child. The court considers various factors, such as the emotional and physical needs of the child, the ability of each parent to provide a stable environment, and the child’s relationship with each parent. Oklahoma law recognizes two types of custody: legal and physical. Legal custody involves the right to make significant decisions about the child’s upbringing, such as education and healthcare, while physical custody refers to where the child will live.
Joint custody is often favored, allowing both parents to share decision-making responsibilities. However, sole custody may be awarded if one parent is deemed unfit due to factors like substance abuse or a history of domestic violence.
Additionally, Oklahoma courts encourage parents to create a parenting plan outlining custody and visitation arrangements. This plan is subject to court approval and should address how parents will handle disputes and make decisions about the child’s welfare. Mediation is often encouraged to help parents reach an amicable agreement.
Ultimately, a judge has the final say in custody arrangements, aiming to ensure the child’s best interests are prioritized. If circumstances change, either parent can request a modification of the custody order, provided they can demonstrate that it is necessary for the child’s well-being.
From an Oklahoma City Divorce Lawyer: Child Custody Laws and How They Work
Oklahoma differentiates between physical and legal custody of a child. Physical custody means actually living with the child (or, more properly, having the child live with you). Legal custody refers to a parent’s right to make major decisions on behalf of their child, like what religion they will be trained in (if any), their education, and in reference to their medical needs.
Parents can share physical custody, or one parent can have sole physical custody. Likewise, both parents can have legal custody or only one parent can have legal custody, and legal and physical custody do not necessarily track together. In Oklahoma, fathers and mothers have the same legal rights and are assumed to be equally eligible for physical and legal custody until proven otherwise. At the same time, whatever the judge decides regarding either of these types of custody is always based on the child’s best interests and not on the preferences of either parent.
Joint Custody
If you have joint custody, you and your ex spouse will share access to your children physically, though this doesn’t necessarily mean you get perfectly equal time. For example, depending on what the judge thinks is best for the child, one parent may be given custody during the week and another on the weekends.
Regardless of the physical custody arrangement, if you have joint legal custody, you must both be fully involved in all major decisions. No parent may act unilaterally without the input of the other parent, and if your ex-spouse is doing so, talk with a skilled family lawyer like those at jpcannonlawfirm.com right away.
Sole Custody
Sole custody is usually only awarded when there is good reason to believe one of the spouses should not have input in their child’s life in some way. In some cases, the child lives exclusively with one parent and the other parent may or may not have visitation rights. Sometimes, this is just because one parent does not have accommodations appropriate for children to live in, and they will still retain legal custody with visitation rights.
However, if abuse is an issue, the court may give sole physical custody to one parent and deny the other parent even the opportunity to visit, or may allow visits only when supervised. Sole legal custody is rare, but if one of the parents, for example, has a history of abusive and destructive behavior, the court may not allow them to have any say in their child’s major life decisions.
These are just some of the laws that pertain in custody situations in an Oklahoma divorce. To learn about how they’ll apply in your case, talk with a family law attorney as quickly as possible.
Conclusion
The article provides a detailed guide to understanding child custody laws during a divorce in Oklahoma. The key takeaway is that the court’s primary focus is on the child’s best interests, with a preference for arrangements that allow both parents to be involved in the child’s life. However, the specifics of each case will vary based on individual circumstances and parental capabilities. Seeking guidance from a knowledgeable family law attorney is crucial to navigate the complexities of custody arrangements effectively.
A skilled attorney can help parents understand their rights and obligations, craft a suitable parenting plan, and advocate for their interests in court. By doing so, parents can work towards a custody arrangement that supports the child’s well-being and fosters a healthy, nurturing environment. Understanding Oklahoma’s custody laws and working with experienced legal professionals can significantly impact the outcome of custody disputes, ensuring that the child’s needs remain at the forefront of any decisions.
