When you’re going through a child custody case in Oklahoma, understanding the different types of custody options is critical. Shared custody or joint custody is a common arrangement that might be right for you and your children. This type of custody allows both parents to have substantial and frequent contact with their children. Here, we will explain what shared custody means in Oklahoma, how it works, and what laws impact these decisions.
Legal Basics of Shared Custody
In Oklahoma, shared custody, also known as joint custody, involves both parents sharing the responsibilities and decision-making aspects of raising their children. In joint custody the courts will appoint one of the parents as the custodial parent. Under Oklahoma Statutes §43-109, the state prefers arrangements that allow the child to maintain a strong relationship with both parents, assuming it serves the best interest of the child.
How Custody Works
In a shared custody agreement, you and the other parent will both have significant periods of physical custody, allowing the child to live with each of you. Additionally, shared custody includes sharing the decision-making about the child’s education, health care, and religious upbringing. You will need to work together to make decisions that are in the best interests of your child, regardless of your personal feelings toward each other. This kind of custody arrangement is different than is sole custody. Mainly its different because each parent is given equal access to the child.
Developing a Parenting Plan
To establish shared custody in Oklahoma, you and the other parent must submit a parenting plan to the court. This plan outlines how you will handle everything from daily routines to how you will manage holidays and school breaks. The plan should also include provisions for medical care, education, and extracurricular activities. If you both can agree on a plan, the court is likely to approve it. However, if you cannot agree, the court may impose a plan that it deems appropriate.
Factors Influencing Joint Custody Decisions
The court considers several factors when deciding whether to grant shared custody. Key considerations include each parent’s ability to provide a stable environment, the relationship each parent has with the child, and each parent’s willingness to support the other’s relationship with the child. Any history of domestic violence or substance abuse might also impact the court’s decision, as these issues are heavily weighted against granting shared custody.
Advantages of Joint Parenting
Shared custody can be beneficial for you and your children. It allows your children to maintain a balanced relationship with both parents, which can be crucial for their emotional and psychological development. It also enables you and the other parent to remain actively involved in your children’s lives, which can help ease the transition during a divorce or separation.
Some Challenges
While shared custody has many benefits, it also comes with challenges. It requires a high level of cooperation and communication between you and the other parent. You must be able to put aside personal differences and work together for the welfare of your children. If communication is difficult, shared custody might lead to conflicts and stress for both the parents and the children.
Modifying Custody Agreements
Circumstances change, and a custody agreement that once worked may become impractical. In Oklahoma, you can request a modification of the custody order if there is a substantial change in circumstances that affects the child’s best interests. This could include a change in job, relocation, or changes in the child’s needs as they grow older.
Legal Support and Advice
Navigating shared custody can be complex, and having the right support and advice is crucial. Consider consulting with a family law attorney who can help you understand your rights and responsibilities under Oklahoma law. An attorney can also assist in drafting a parenting plan and represent your interests in court, if necessary.
Wagoner County Joint Custody Lawyer
Choosing the best custody arrangement is a significant decision that affects your family’s future. Shared custody offers a way for both parents to remain actively involved in their children’s lives, but it requires cooperation and mutual respect. As you consider this option, remember that the ultimate goal is to support the best interests of your children, providing them with a stable, loving environment where they can thrive. If you are unsure about how to proceed, seeking legal advice from Kania Law Office can give you the clarity you need. Kania Law Office is experienced in this area. Call Kania Law Office – Wagoner at (918) 283-7394 or online for a consultation.