There are many different Options for Child Custody in Oklahoma. As a result, there are many ways you can go about your custody arrangements. When you face a situation where child custody decisions need to happen fast, understanding your options under Oklahoma law can help you prepare. This is viral for all of the upcoming changes in your family’s lives. Here will we go into the different types of custody arrangements available and how decisions are typically made in the Oklahoma court system.
What is Child Custody in Oklahoma
Oklahoma law classifies child custody in two main ways: physical custody and legal custody. Physical custody refers to where your children will live most of the time. Alternatively, legal custody involves the rights and responsibilities of making major decisions about your child’s life. For example, this can mean education, health care, and religious upbringing. Before divorce or legal separation it’s understood that these things are legally shared jointly. Unfortunately, when parties split up the responsibilities of these things must divide in someway. This is where sole or joint custody would come into play.
Sole Custody vs. Joint Custody
Depending on your circumstances, you might decide to go for sole custody or joint custody. Sole custody means one parent has both primary physical and legal custody of the child. This arrangement is often chosen when one parent is unfit. Often, this is due to things like drug abuse, violence, or an absent parent situation. For this to happen, the courts will ask for proof of the parent being unfit. When this occurs, most likely there will be some form of visitation order that is in place. This visitation could be unsupervised, supervised by a relative, professionally supervised, or therapeutic. Ultimately, it all depends on the severity of the situation at hand.
Joint custody on the other hand, means that both parents share physical and/or legal custody. Oklahoma courts generally favor joint custody arrangements, encouraging both parents to participate actively in their child’s life. These arrangements can be as flexible as the parties wish them to be, as it hinges on the communication of both parents. This requires the parties to either communicate directly, or through a talking parents app. The only way joint custody will work is through a joint effort on everyone’s part.
Physical Custody Considerations
Joint physical custody might not equate to equal time with the child for both parents. Instead, it often involves a schedule that allows the child to spend substantial time with each parent. This schedule depends on various factors relating to the child’s needs. These may include each parent’s work schedule, the child’s school schedule, and other logistical details. You may wish to choose a one week on, one week off, or a split week schedule. In some cases, a parent will have primary physical custody only on the basis of school districts.
Alternatively, sole physical custody means the child lives primarily with one parent, though the other parent may have rights to visitation. This is something that the primary parent should consider greatly, as it means they will have the brunt of the child rearing. As such, if the other parent has charges against them relating to the child, you could face consequences for trying to facilitate overnights without the court’s permission. Sole custody is a large responsibility and should be treated as such.
Customizing Your Custody Arrangement
Every family’s situation is unique, so custody arrangements should be too. Oklahoma courts encourage parents to work together to create a parenting plan that suits their specific circumstances. This plan should explain the daily responsibilities of each parent, how decisions are made, and how time with the child is divided. If parents can agree on a plan, the court will usually approve it. If not, the court will make a decision based on what is best for the child.
Additionally, through joint custody arrangements in Tulsa County, the courts will ask the parties to file certain pleadings to facilitate the arrangements. These are known as joint custody plans and physical custody schedules. This allows the parties to know what is and isn’t permissible, and also helps the courts enforce things if problems arise.
Factors Influencing Custody Decisions
When deciding on custody matters, Oklahoma courts consider several factors to determine what is best for the child. These factors include the wishes of the child (if they are old enough to express a preference), the mental and physical health of each parent, the stability of each home environment, and any history of domestic abuse. The child’s relationship with siblings and other significant people in their lives might also be up for consideration.
It’s important to note the courts will always prioritize child needs over parents wants. This means that even if you desire a certain arrangement, the court can order one they believe is a better fit. Often this will happen if there are disputes that arise causing the court to make a tough decision. Having a realistic plan and strategy for achieving it is your best line of defense when it comes to these proceedings. A family law attorney with a lot of child custody experience can help with this.
Modifying Custody Orders
Life changes, and sometimes, the original custody arrangement no longer works. In Oklahoma, you can request a modification of the custody order if there is a significant change in circumstances that affects the child’s best interests. This could be a change in employment, relocation, a shift in the child’s needs, or other substantial changes. Sometimes an older child might just desire to live with one parent more than the other. In these instances, it’s important to speak with a legal professional to know what your options are. They will be able to review your case thoroughly to move things along in the direction it needs to go.
Tulsa Child Custody Attorneys
Deciding on custody is a significant step for any family going through changes. Understanding your options and the legal processes in Oklahoma can provide some peace of mind as you make these important decisions. Remember, the focus is always on what is best for your child, and keeping their best interests at heart will guide you through this challenging time.
Our experienced Tulsa child custody lawyers can guide you through the custody process. We will make sure your rights and your child’s best interests receive the highest level of protection. To learn more, contact us at Tulsa County Lawyers Group by calling (918) 379-4864 or contacting us online for a consultation with a child custody attorney.