We often get questions from parents going through divorce or custody disputes who want to know, “Can I ask the court for sole custody of my child?” The short answer is yes; however, the court won’t automatically grant it just because you request it.
What Does “Sole Custody” Mean?
In Oklahoma, sole custody means that one parent has the exclusive right to make major decisions about the child’s upbringing. This includes decisions about:
- Education
- Healthcare
- Religion
- Extracurricular activities
Sole custody can refer to either legal custody or physical custody.
Can I Request Sole Custody?
You can ask the court for sole custody by:
- Including the request in your divorce petition or custody filing, or
- Filing a motion to modify custody if an order is already in place and circumstances have changed
However, you must be prepared to explain why sole custody is in your child’s best interest and why joint custody would not work.
Will the Court Grant My Request?
Oklahoma courts generally prefer joint custody, but they will consider sole custody if:
- There is a history of domestic violence or abuse
- One parent struggles with drug or alcohol addiction
- One parent is absent or uninvolved in the child’s life
- There is an ongoing conflict that makes co-parenting impossible
- One parent poses a risk to the child’s safety or well-being
- There has been neglect or endangerment
Even if the court grants your request, it may still allow the other parent to have visitation, sometimes supervised, depending on the facts.
What Evidence Should I Present?
In any custody situation, it’s essential to be prepared with evidence, not just allegations. Helpful evidence may include:
- Police or DHS reports
- Medical or school records
- Witness testimony
- Proof of substance abuse or criminal activity
- Documentation showing the other parent’s lack of involvement
Be careful not to focus solely on the other parent’s flaws. The court will also evaluate your parenting ability, your willingness to co-parent (if possible), and how your plan promotes your child’s stability and happiness.
Will the Court Consider My Child’s Preference?
In Oklahoma, if your child is 12 years or older, the court may consider their preference when deciding custody. However, that preference is not controlling—the judge will still decide based on the best interest of the child as a whole.
Tulsa Child Custody Attorneys
If you believe sole custody is the best option for your child, we can help you build a strong case. At Tulsa County Lawyers Group, we provide guidance that brings peace of mind. Get a free consultation from a child custody attorney by calling 918.379.4864, or you can ask an online question by following this link.
