Navigating the complexities of child custody can be one of the most challenging aspects of a custody case in Oklahoma. For parents who gave a determination to secure sole custody of their child, understanding the legal factors that influence custody decisions is crucial. Its also important to understand where the State stands on the presumption of child custody and what they consider to be the best interest of the child.
Child Custody Laws In Wagoner County
Before embarking on the journey to obtain full custody, it’s essential to familiarize yourself with Oklahoma’s child custody laws. In Oklahoma, the court typically awards custody based on the best interests of the child. Custody determinations are made in both divorce and in the case of unmarried parents of a child. This is sometimes not as easy to determine as meets the eye. The law in Oklahoma operates on presumptions of custody. Additionally, the presumption for custody in Oklahoma is joint custody. This doesn’t mean that you can not get full custody but that you have to prove why its in the best interest of your child. Courts consider various factors when determining custody arrangements, including:
- The child’s relationship with each parent. This is critical and the courts look to maintain a status quo
- Each parent’s ability to provide for the child’s physical and emotional needs. If your child is special needs the court might consider this. Further, any other needs of your child like their age of other circumstances the court can consider.
- The child’s preference, if they are old enough to express it. As a general rule your child needs to be 12 years old. The courts also considers the maturity of your child and if the preference is given without influence from either parent.
- Any history of abuse or neglect by either parent. For example, this includes protective orders or convictions for domestic assault and battery.
- The stability of each parent’s home environment. Thus, if a parent isn’t in a stable home themselves providing one for their child is going to be difficult.
- Any other relevant factors that may impact the child’s well-being
Building a Strong Case for Full Custody
To increase your chances of obtaining full custody, it’s essential to build a compelling case that demonstrates why granting you sole custody is in the best interests of your child. Here are some steps you can take:
- Document Evidence: Gather evidence that supports your case for full custody, including documentation of any instances of abuse, neglect, or other concerns regarding the other parent’s ability to care for the child.
- Maintain a Stable Environment: Show the court that you can provide a stable and nurturing home environment for your child. For example, this includes ensuring that your home is safe, clean, and conducive to your child’s well-being.
- Attend Mediation or Counseling: Courts often encourage parents to attend mediation or counseling sessions to work out custody arrangements amicably. Hence, Participating in these sessions demonstrates your willingness to cooperate and prioritize your child’s best interests.
- Seek Legal Representation: Enlist the help of an experienced family law attorney who can guide you through the legal process, advocate on your behalf, and ensure that your rights are protected.
- Demonstrate Parental Involvement: Show the court that you are actively involved in your child’s life and are committed to their upbringing. Further, this may include involvement in their education, extracurricular activities, and healthcare decisions.
Conclusion
Seeking full custody of your child in Wagoner County is a complex and often emotionally challenging process. Although you have the burden of proving that full custody is in the best interest of your child we can help you do it. Bearing the burden of proof is about preparation and good lawyering. For a free consultation regarding Sole custody call the custody lawyers at Kania Law Office – Wagoner attorneys at 918.283-7394
