Which Parent Gets Custody is decided by an agreement of the parents or by the district court after a hearing. When you’re going through a divorce or separation in Oklahoma, one of the most critical issues you’ll face is who will get custody of your children. It’s a complex decision that the court doesn’t take lightly. Understanding the custody laws can help you anticipate what to expect in court.
Understanding the Legal Criteria for Custody Decisions
A primary law governing child custody is Oklahoma Statutes §43-109. The court’s main concern is the “best interests of the child.” This includes considerations of the child’s physical, mental, and moral welfare. Oklahoma law allows for several custody arrangements, including joint custody, sole custody, and any combination that serves the best interest of the child.
Joint Custody Considerations
If you and your spouse are considering joint custody, Oklahoma law requires both of you to submit a plan outlining how you will handle various aspects of your child’s care, including living arrangements, medical care, and education. The court will review your plans and may make modifications to ensure the arrangements serve the best interest of your child.
Factors Influencing Custody Decisions
The court looks at numerous factors when deciding custody. These include, but are not limited to:
- Each parent’s ability to provide for the child’s needs.
- The quality of the relationship between each parent and the child.
- Each parent’s willingness to support the other’s relationship with the child.
- Any history of domestic violence or abuse.
Special Considerations in Cases of Domestic Violence
If there is a proven case of domestic violence, stalking, or harassment, the court will assume that awarding custody to the offending parent is not in the child’s best interests. In this and other cases sole custody may be a better option. Domestic violence or an otherwise unfit parent is a critical factor that can significantly influence custody decisions.
Temporary Custody Arrangements
If you are separated but not yet divorced, you can apply for temporary custody. This decision, like all others, will be based on what the court considers best for the child.
Custody in the Case of a Parent’s Death
Under Oklahoma Statutes §43-112.5, if one parent dies, the custody decision can consider the wishes of the deceased parent, among other factors, to determine the best guardian for the child. This can include relatives or even non-relatives who have provided a stable home environment.
Modifications
Orders are able to be modified if new circumstances arise. Changes can be made if there’s a change in circumstances that requires a fresh evaluation of what serves the child’s best interests.
Wagoner County Child Custody Lawyer
Understanding the factors that Oklahoma courts consider when awarding custody can better prepare you for the legal process. Whether through negotiation or court proceedings, knowing your rights and responsibilities, and actively participating in the creation of a parenting plan, can help secure an outcome that is in the best interests of your children. If you are unsure about any part of this process we can provide you with a free consultation. Call Kania Law Office – Wagoner at 918-283-7394 or online to learn more.
