When parents separate or divorce in Oklahoma, one of the most important—and emotionally charged—questions is: Which parent gets custody of the child? Whether the issue is decided in court or through agreement, Oklahoma law focuses on one central principle: the best interests of the child. Understanding how custody decisions happen in Oklahoma can help you prepare, protect your rights, and prioritize your child’s well-being.
Legal Custody vs. Physical Custody
Before determining who gets custody, it’s important to understand the two types of custody in Oklahoma:
- Legal custody refers to the right to make major decisions about the child’s life, including education, healthcare, and religious upbringing.
- Physical custody refers to where the child lives and who provides day-to-day care.
The court may award custody in one of the following ways:
- Sole custody: One parent has primary legal and/or physical custody.
- Joint custody: Both parents share legal, and sometimes physical, custody.
How the Court Decides Custody
Oklahoma courts do not automatically favor the mother or the father. Instead, the court looks at the best interests of the child. Key factors include:
- The child’s relationship with each parent
- Each parent’s ability to provide a stable, nurturing home
- The child’s emotional and physical needs
- The mental and physical health of both parents
- Whether either parent has a history of abuse, neglect, or substance use
- The child’s wishes (if the child is old enough and mature enough to express a reasonable preference)
- Each parent’s willingness to support a relationship between the child and the other parent
No single factor controls the outcome—courts weigh the totality of the circumstances in each case.
Joint Custody Is Often Preferred—But Not Always
Oklahoma courts often prefer joint custody when both parents are capable of caring for the child and able to cooperate. However, if the parents cannot communicate effectively or there is a history of conflict, the judge may decide that joint custody is not in the child’s best interests.
Even when joint legal custody is awarded, the child may still live primarily with one parent while the other has visitation or shared parenting time.
What If Parents Agree on Custody?
When both parents can reach an agreement on custody, the court will usually approve it—as long as it aligns with the child’s best interests. Parents must submit a parenting plan that outlines legal and physical custody, parenting time, and decision-making responsibilities.
Modification of Custody
If circumstances change significantly—such as a parent relocating, a change in the child’s needs, or concerns about safety—a parent can request a modification of the custody order. The court will again review what’s best for the child under the new conditions.
Tulsa Custody Attorneys
We help parents across the state understand their rights, build strong custody cases, and negotiate parenting arrangements that work. Whether you’re seeking joint custody, sole custody, or need to modify an existing order, Tulsa County Lawyers Group can help. 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.
