Knowing if you can get joint custody of your children is a difficult topic. When you’re going through a divorce or separation, the well-being of your children is likely one of your top concerns. In Oklahoma, as in many states, you have the option to seek joint custody of your children. This allows both parents to share the responsibilities and privileges of raising their children, even after the parents no longer live together. While it may seem like a challenging process, custody attorneys can help you along the way. For information about other important legal topics, check out our Tulsa County Lawyers Blog.

What Does Joint Custody Involve?

Joint custody breaks down into two main types: joint legal custody and joint physical custody. Legal custody gives both parents the right to make important decisions about their children’s lives, including education, health care, and religious upbringing. Physical custody, on the other hand, refers to the arrangement where the children spend significant time living with each parent.

In Oklahoma, the law does not favor one type of custody over another. Instead, the courts focus on what is best for the children. This means that the decision on whether to grant joint custody depends on each unique situation.

Factors Courts Consider for Joint Custody

When deciding whether to award joint custody, Oklahoma courts consider several factors to determine what is in the best interest of the children. These include factors such as:

• The parents’ ability to get along and make decisions together.
• Each parent’s willingness to encourage a close and continuing relationship between the child and the other parent.
• Any history of domestic violence, substance abuse, or neglect.
• The stability of each parent’s home environment.
• The preferences of the child, if the child is of sufficient age and maturity.

These factors help the court gauge how joint custody would affect the children emotionally, physically, and mentally.

The Process of Requesting Joint Custody in Tulsa

To request joint custody, you will typically begin by filing a petition in your local family court. This petition should clearly outline the type of joint custody you are seeking—whether it is legal, physical, or both. From here, you will be made aware of any further documents that need submitted or action to be taken.

Notably, if parents ask for joint custody, the court requires to submit a plan showing how they will care for and make decisions about their child. This plan can be done together or separately by each parent. It should cover where the child will live, how child support will be handled, healthcare, where the child will go to school, and visitation schedules. Each parent must sign a statement agreeing to follow the plan.

These documents should be submitted either when the parents apply for a divorce or legal separation, or any time after. The court will review the submitted plan, make any necessary changes, and then finalize it. The court has the authority to reject a joint custody request and treat it as if it was never requested.

During the court proceedings, you may need to attend mediation sessions. These sessions are a time where both parties will try to work out disagreements with the help of a mediator. If you can agree on a custody arrangement, the court will usually approve your agreement. If not, the court will make a decision based on the information provided during the trial.

Challenges You Might Face

While joint custody can be a great way to ensure that both parents have an active role in their children’s lives, it is not without its challenges. Effective joint custody requires good communication and a cooperative spirit between co-parents. If there is a high level of conflict or if communication is poor, joint custody may become challenging.

Moreover, joint custody arrangements require parents to live relatively close to each other to manage the logistics of child transfer and to keep the children’s life stable. If one parent plans to move far away, this could complicate or even prevent the possibility of joint custody in divorce.

Adjusting to Joint Custody

If you do obtain joint custody, it’s important to work on maintaining a positive relationship with your co-parent for the sake of your children. Keeping communication clear, respecting each other’s time, and being flexible can help make joint custody work more smoothly.

It’s also beneficial to keep a consistent routine for your children across both households. This helps provide them with a sense of stability and security. Finally, make sure to listen to your children’s needs and concerns as they adjust to their new living situation.

Tulsa Custody Lawyer

Joint custody is a viable option for parents in Oklahoma who wish to remain actively involved in their children’s lives post-separation or divorce. It requires a commitment to cooperation and communication but can be rewarding for both the children and the parents. As you consider your options for custody, remember that the central focus should be on what is best for your children. By providing them with love, support, and stability, you can help them navigate the changes in their family dynamics more easily.

A Tulsa custody attorney can help you with joint custody and ensuring the protection of your rights and your children’s best interests. If you’re dealing with custody issues, contact Tulsa County Lawyers Group by calling (918) 379-4864 or contacting us online for a consultation with an attorney.