Joint custody provides both parents with an active role in raising their child following a separation or divorce. Joint custody arrangements aim to support a balanced, cooperative parenting structure, allowing both parents to make important decisions and maintain a meaningful relationship with their child. In Oklahoma the courts consider joint or shared custody to be in the best interest of the child. The courts do not consider either Mothers or Fathers to have to have superior parental rights to custody over the other parent. This article will explain what joint custody entails in Wagoner, the factors courts consider, and how joint custody arrangements are managed.
Defining Joint Custody
This is a legal arrangement in which both parents share the responsibilities and decision-making authority regarding their child’s upbringing. Joint custody typically includes two components:
- Joint Legal Custody: Both parents share the right and responsibility to make significant decisions affecting the child’s life, including education, healthcare, religious upbringing, and extracurricular activities.
- Joint Physical Custody: This involves both parents having significant and frequent time with the child, though it does not necessarily mean an equal division of time. Instead, the schedule will be set based on the child’s best interests and the parents’ availability.
In Wagoner, the primary goal of custody is to ensure that the child has a strong, stable relationship with both parents while supporting cooperative parenting. This is just one of several types of custody options available.
Factors the Court Considers for Joint Custody
Courts in Wagoner determine custody based on the best interests of the child. When parents request joint custody, the court considers several factors, including:
- Each Parent’s Ability to Co-Parent: Courts assess whether both parents can effectively communicate and collaborate for the child’s benefit. A willingness to co-parent and prioritize the child’s needs is crucial in joint custody cases.
- Child’s Relationship with Each Parent: Courts review the bond between each parent and the child, including each parent’s role in the child’s daily routine and developmental needs.
- Stability of Each Parent’s Home: A stable and safe home environment is essential. The court may examine each parent’s living situation, financial stability, and support network to ensure the child’s needs are met.
- Parent’s History: A history of substance abuse, domestic violence, or neglect can impact a parent’s eligibility for joint custody. Courts prioritize the child’s safety and well-being.
- Child’s Preference: For older children, the court may consider the child’s preference if it aligns with their best interests.
While these are just some of the main factors, the court can include any others it sees fit.
Parenting Plans in Joint Custody Arrangements
In Wagoner County, parents seeking shared custody are generally required to submit a parenting plan to the court. A well-drafted parenting plan is essential in establishing expectations and minimizing conflicts. Common elements include:
- Custody and Visitation Schedule: The schedule outlines when the child will spend time with each parent, covering weekdays, weekends, holidays, and school vacations.
- Decision-Making Responsibilities: The plan details how parents will make major decisions regarding the child’s education, health, and other essential aspects of their life.
- Communication Guidelines: Courts encourage open communication between parents. The plan may include preferred methods of communication and guidelines for handling any changes or issues.
- Dispute Resolution Procedures: Many parenting plans outline how parents will resolve disagreements, often recommending mediation before involving the court.
Once approved by the court, the parenting plan serves as a legally binding document that both parents must follow. If circumstances change, either parent can request a modification of the custody arrangement. Courts in Wagoner will consider modifications if there is a substantial change in circumstances, such as a move, changes in employment, or if the current arrangement no longer serves the child’s best interests.
Wagoner Child Custody Attorneys
shared custody in Wagoner provides a balanced approach to parenting after separation, supporting the child’s relationship with both parents. While joint custody can bring significant benefits, it requires cooperation, stability, and commitment from both parents. To ensure a successful arrangement, parents should create a detailed parenting plan and remain open to adjustments as circumstances change. For the best outcome, parents seeking child custody may benefit from consulting a family law attorney to navigate the process and protect their parental rights.
If you’re in the middle of a child custody case, we can help. For a free consultation with a family law attorney in Wagoner County, contact Kania Law – Wagoner Attorneys at 918-283-7394, or reach out to us via our Ask A Lawyer feature. Need other legal information? Check out our Wagoner Law Blog for other important topics.