It’s possible to obtain child custody in a legal separation in Oklahoma. Legal separation is a formal process where a married couple legally separates without ending the marriage through divorce. The court can issue orders related to child custody, visitation, child support, and other matters typically addressed in a divorce. Here, we’ll discuss the basics of legal separation and how getting custody in a legal separation works.
Understanding Legal Separation
In Oklahoma, a legal separation is a court-ordered arrangement where married couples live apart but remain legally married. It allows the court to address issues such as child custody, child support, and property division without dissolving the marriage.
Either spouse is able to file a petition for legal separation in the district court. The petition should outline the grounds for separation and the specific orders sought, such as child custody arrangements. The petition must be served to the other spouse, so that they have an opportunity to respond.
Obtaining Child Custody in Legal Separation
The court’s primary concern in determining child custody is the best interests of the child. When determining will be under their best interests, the court looks at several factors, such as:
- Parental Stability: The court examines each parent’s living situation, financial stability, and ability to provide a stable environment for the child.
- Well-Being: The health and well-being of each parent and their ability to meet the child’s emotional and physical needs.
- Child’s Preference: If the child is of sufficient age and maturity, the court may consider their preference, though it is not the sole factor.
- Parental Involvement: Each parent’s involvement in the child’s life, including participation in schooling, extracurricular activities, and healthcare.
- Co-Parenting: The ability of each parent to cooperate and communicate with the other parent in making decisions for the child.
- Continuity and Stability: The court aims to maintain continuity in the child’s education, community, and social life, minimizing disruption.
By looking at all of these factors, the court is able to make the best decision for the child’s welfare.
Types of Custody Arrangements:
There are 2 major categories of child custody, physical custody and legal custody. Within these two, there is also the option of sole or joint custody.
Physical custody refers to where the child will live. The court may award joint physical custody (the child spends time living with both parents) or sole physical custody (the child lives primarily with one parent).
Legal custody refers to the authority to make major decisions about the child’s upbringing, such as education and healthcare. The court may award joint legal custody (both parents share decision-making responsibilities) or sole legal custody (one parent has the authority to make decisions).
Legal Process for Child Custody in Legal Separation
When you decide that legal separation is the best option for you, there is a certain legal process that you need to follow. To start, you need to file a petition for legal separation. The spouse that files will need to serve the petition to the other, providing them with a copy and giving them an opportunity to respond.
The court may issue temporary orders for child custody and support to provide stability while the legal separation case is pending and remain in effect until the court makes a final decision. Often, the court will encourage parents to negotiate or mediate to reach a mutually agreeable custody arrangement without going to trial.
If an agreement cannot be reached, the court will hold a hearing where both parties can present evidence and testimony regarding their preferred custody arrangements. During this, have an attorney to represent you, as they can help ensure that your rights are protected and that you can get the best custody arrangement possible.
The judge will issue a final custody order based on the best interests of the child. This order will detail the physical and legal custody arrangements, visitation schedules, and any other relevant provisions. If circumstances change significantly, either parent can file a petition to modify the custody arrangement and the court will consider whether the modification serves the best interests of the child.
Tulsa County Child Custody Attorneys
In Oklahoma, you can obtain child custody as part of a legal separation. The court applies the same best interest standards used in divorce cases to determine custody arrangements. The process involves several steps, such as filing a petition, temporary custody orders, and a final custody order. Our team here at Tulsa County Lawyers Group will guide you through the legal separation and child custody process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
