We often get questions from parents in custody disputes about how to get joint custody. In Oklahoma, joint custody can be an ideal solution when both parents are able and willing to cooperate in raising their children. However, it is not granted automatically. Courts consider several factors before deciding whether the arrangement is in the child’s best interests.
What Is Joint Custody in Oklahoma?
Under Oklahoma law (43 O.S. § 109), joint custody refers to a court order where both parents share the rights and responsibilities for making major decisions about their child’s life. This includes decisions related to education, healthcare, religion, and extracurricular activities.
There are two types of custody in Oklahoma:
- Legal custody – the right to make important decisions about the child’s upbringing.
- Physical custody – where the child lives and who provides day-to-day care.
This arrangement does not always mean equal parenting time, though in some cases, the court may order a 50/50 time-sharing schedule. The focus is on cooperation and shared decision-making, not necessarily a perfectly equal split.
What Do I Have to Prove to Get Joint Custody?
To get joint custody, a parent must demonstrate to the court that this arrangement is in the child’s best interests. Oklahoma courts closely examine whether both parents can communicate, cooperate, and prioritize the child’s needs over personal conflict.
Factors the court may consider include:
- The ability of both parents to work together and make joint decisions
- Each parent’s involvement in the child’s life
- The emotional and physical well-being of the child
- The geographic proximity of the parents’ homes
- Any history of domestic violence, neglect, or substance abuse
- Whether each parent supports the child’s relationship with the other parent
If the court believes that the parents are too hostile or unwilling to co-parent effectively, it may deny joint custody—even if both parents request it.
Can Joint Custody Be Changed Later?
Custody arrangements can be modified if there has been a material change in circumstances and the change would serve the child’s best interests. For example, if one parent relocates or stops complying with the parenting plan, the other parent can request a change in custody.
Tulsa Child Custody Attorneys
If you believe joint 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.