A common question our lawyers are asked is “which parent gets custody?” In Tulsa County, the court’s primary concern when deciding child custody is the best interests of the child. The court considers various factors to determine which parent should be awarded custody, focusing on the child’s health, safety, and welfare. This means that there is no predetermined answer as to which parent will get custody.
Deciding Which Parent Gets Custody
The “best interests of the child” standard is the guiding principle in all custody decisions. The court evaluates several factors to ascertain what arrangement will best serve the child’s needs.
Parental Stability: The court examines each parent’s living situation, including the stability and safety of the home environment. A parent’s ability to provide for the child financially is important, though this does not necessarily mean the parent with the higher income will get custody.
Emotional and Physical Well-Being: The court looks at the physical and mental health of each parent and how it affects their ability to care for the child.
Child’s Preference: If the child is of sufficient age and maturity, the court may consider their preference. There is no specific age requirement, but generally, older children’s opinions have a larger impact. However, the court ensures that the preference aligns with the child’s best interests.
Parental Involvement: The court looks at each parent’s past involvement in the child’s life, including participation in schooling, extracurricular activities, and healthcare, as well as each parents commitment to future involvement.
Co-Parenting Ability: The ability of each parent to cooperate and communicate effectively with the other parent is important, especially in joint custody arrangements. The court favors parents who encourage and facilitate a positive relationship between the child and the other parent.
History of Abuse or Neglect: Any history of domestic violence, child abuse, or neglect will work against the offending parent. The court will also look at existing protective orders or evidence of threats and harm.
Stability: Maintaining continuity in the child’s life is important, as the court aims to minimize disruption to their routine.
After analyzing all of these factors, the court will make their decision.
Types of Custody Arrangements
Another common question is what the different types of custody arrangements are. In Tulsa County, there are 3 main ones:
Sole Custody:
- Primary Custodian: The court grants one parent primary custody and they are responsible for making major decisions. However, the non-custodial parent may get visitation rights.
Joint Custody:
- Shared Responsibility: Both parents share legal and/or physical custody of the child, requiring cooperation and communication in decision-making.
- Custody Plan: A joint custody plan, outlining schedules, decision-making processes, and dispute resolution methods, is typically a requirement.
Split Custody:
- Different Children, Different Parents: In cases involving multiple children, split custody may be awarded where each parent has custody of one or more of the children. This is less common and only used when it serves the best interests of the children.
There is no ‘one size fits all’ approach. However, creating these plans requires cooperation and an open dialogue from both parents.
Tulsa County Child Custody Lawyers
The court in Oklahoma decides child custody based on the best interests of the child, considering factors like parental stability, the emotional and physical well-being of the child, the child’s preference, parental involvement, co-parenting ability, history of abuse or neglect, and continuity and stability in the child’s life. The legal process involves filing a petition, possibly attending mediation, and presenting evidence in court.
Our team here at Tulsa County Lawyers Group will guide you through the process and help you get the best arrangement possible. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
