You can get full custody of your children but it must be in their best interest. When you are facing a situation where the well-being of your children is at stake, the question of full custody naturally comes to the forefront. Sole custody, unlike joint custody, means that one parent has both legal and physical custody of the children. This parent makes all the key decisions about their children’s lives and is the primary—or sole—caregiver. It’s a significant responsibility and one that courts do not grant lightly.
What Full Custody Involves
Sole custody involves a range of responsibilities. If you’re granted sole custody, you’ll manage decisions about your children’s health care, education, and religion. You’ll also be the main, and possibly only, person your children live with. This arrangement can impact your life significantly, requiring a lot of time, attention, and emotional energy.
When Might Sole Custody Be Granted?
In Oklahoma, as in many states, the courts prioritize the best interests of the children when deciding custody issues. Sole custody might be considered if one parent is deemed unfit because of reasons like substance abuse, a history of violence, or an inability to provide a stable environment.
A court is more likely to grant sole custody to one parent if there is evidence of domestic violence, stalking, or harassment by the other parent. The law presumes that any form of custody or shared parenting with the abusive parent is harmful and not in the child’s best interest. The court prioritizes the child’s and the victim parent’s safety and well-being, and considers any history of abuse by the parent when deciding custody and visitation rights.
If the other parent has limited involvement in the children’s lives or has moved far away, this might also influence the court’s decision.
The Role of the Courts
In Oklahoma, the process begins by filing a petition for custody as part of a divorce or as a separate custody case. The court then examines all aspects of your family’s situation. This includes looking at each parent’s living situation, relationship with the children, and ability to care for them. The court also considers the children’s ties to their school, community, and extended family.
Judges have a tough job. They must balance the children’s need for stability and continuity against the benefits of maintaining a strong relationship with both parents. So, getting sole custody is challenging. You must clearly show that this arrangement significantly benefits your children more than any other custody arrangement would.
Evidence of Your Involvement in Your Child’s Life Matters
If you believe sole custody is the best option, you’ll need to prepare to present clear and strong evidence. This might include demonstrating your involvement in your children’s daily activities and your role as the primary caretaker. Evidence can also come from school reports, medical records, or testimony from childcare providers.
Conversely, you may need to provide evidence regarding the other parent’s inability to provide a safe and stable environment. This could involve police reports, medical records showing abuse, or testimonies from social workers or psychologists.
Considerations for Your Children
The impact of a sole custody arrangement on your children is profound. Children benefit from having relationships with both parents, but sometimes, having one stable, caring environment is better for their overall well-being. Think about how this change might affect them emotionally and socially and be prepared to support them through the transition.
Adjustments and Modifications
Life changes, and so can custody arrangements. If circumstances change significantly, you or the other parent can request a modification of the custody order. Such changes might include one parent’s relocation, significant changes in behavior, or adjustments in the child’s needs as they grow older.
Tulsa Custody Lawyers On Your Side
Full custody is a serious responsibility and not a decision made lightly by the courts. It requires proving that such an arrangement is truly in the best interests of your children. While challenging, it’s possible if the circumstances clearly justify it. As you think about your next steps, remember that the welfare of your children is always the most important factor in these decisions.
A Tulsa full custody lawyer can guide you through the difficulties of gaining sole custody. For meaningful advice and support, contact Tulsa County Lawyers Group by calling (918) 379-4864 or contacting us online for a consultation with an attorney. Let us help protect your children’s future.