Joint legal and physical custody is a very common custody arrangement after splitting up from your partner. When you’re navigating a divorce or separation in Wagoner County, understanding the specifics of child custody can be crucial for planning your future and that of your children. Oklahoma law distinguishes between two main types of custody: joint legal custody and joint physical custody. Here’s a straightforward explanation of each, based on Oklahoma statutes, to help you understand your options and responsibilities.
What Is Joint Legal Custody?
Joint legal custody concerns shared responsibility between parents. Both parties will make important legal decisions about their children’s lives. This includes choices about education, medical care, and religious upbringing. Under Oklahoma law, if you and the other parent have joint legal custody, you both have equal say in these important decisions, regardless of where your child primarily lives. Sometimes, the court will designate one of the parents as the custodial parent. This will happen often because of school districts that the child needs to be in.
According to Oklahoma Statutes §43-109, when both parents request joint custody, they must submit a plan outlining how they will manage these responsibilities. This plan needs to detail not only decision-making but also the physical living arrangements for the child, child support obligations, and more. It’s important that both parents agree to these terms, as indicated by their signatures on an affidavit accompanying the plan. Further, parties will have to effectively communicate with each other on the decisions that they make for the child.
What Is Joint Physical Custody?
Joint physical custody concerns the time the child spends living with each parent. This type of custody requires logistical planning that details the child’s living arrangements. It will include schedules for where the child will reside at different times. The law aims to ensure that the child spends significant amount of time with both of the parents, fostering a strong relationship with each. Additionally, the time can be broken up however is best for the parties. Some parent prefer a one week on, one week off drop off schedule. Alternatively, some parents will do what is called a 3-4-3 schedule. This means one parent gets 3 days one week, and then 4 the next. Effectively, this allows both parents to see the kids equally but also each week.
Unfortunately, disputes can happen trying to figure out the best schedule for everyone. Oklahoma law specifies that if parents can’t agree on a joint custody arrangement, the court may impose one. The court can alter the parents’ proposal to better suit the child’s best interests. This may include schedules and conditions under which the custody will operate. Ultimately though, the court would rather both parties amicably agree on a custody situation rather than impose one on the family.
Court Considerations for Custody Decisions
In making any custody decision, Wagoner County prioritizes the child’s best interests. This includes considering the mental, moral, and physical welfare of the child. Factors influencing these decisions might include the parents’ ability to cooperate and provide a stable environment for the child. The court is more likely to choose a living situation that displaces the child the least. Moreover, situations involving domestic violence, stalking, or harassment have special provisions. The law clearly states that any history of these behaviors creates a presumption against awarding custody—whether joint or sole custody—to the offending parent. This is because the child’s safety and well-being are paramount.
Oklahoma law prioritizes ensuring that children maintain regular and continuous interaction with both parents following their separation or divorce. The state strongly supports shared parenting, where both parents are encouraged to equally participate in the upbringing of their children, if they show the ability to act in the children’s best interests. This approach is contingent upon the absence of domestic violence, stalking, or harassment between the parents. The law also facilitates this by allowing courts to grant substantially equal access to both parents during temporary order hearings, unless it is found that an arrangement would be detrimental to the child’s well-being.
Modifying Custody Agreements
It’s also important to understand that custody arrangements aren’t set in stone. Changes in circumstances can lead to modifications in the custody plan. Either parent can request a change, but there must be evidence that justifies it as being in the child’s best interest. These modifications can adjust living arrangements or decision-making responsibilities, adapting to new situations as the child grows. Modifications can also impact child support orders in a lot of circumstances. It’s important that if you want a modification that you seek legal help from an attorney who is familiar with child custody laws. They will be able to make a plan and place it in motion without you having to worry about minor errors.
Resolving Disputes in Joint Legal and Physical Custody
Disagreements between parents with shared custody can sometimes escalate, requiring intervention. Oklahoma law provides for the appointment of an arbitrator—a neutral third party knowledgeable in family law—to settle these disputes. The arbitrator’s decision is binding until the court orders otherwise. Often this is in the form of a parenting coordinator. This is usually an attorney who will be the middle man for decisions that the parents can’t make together. The parenting coordinator will listen to both parties and come to a resolution that is in the best interests of the child.
Why Understanding These Differences Matters
Knowing the distinctions and implications of joint legal and joint physical custody can significantly impact your approach to co-parenting post-separation. Effective co-parenting plans, rooted in mutual understanding and respect, support the child’s development and emotional health. By aligning your parenting plan with Oklahoma law and focusing on your child’s best interests, you can create a stable environment for your child to thrive in, even after divorce.
As you consider these custody options, think about your current co-parenting relationship, your child’s needs, and how best to support their growth and happiness. Remember, the goal is to ensure that your child feels secure and loved, with access to the care and support of both parents.
Wagoner County Joint Custody Lawyers
Navigating joint legal and physical child custody is a significant aspect of divorce proceedings. However, understanding the legal terms and implications can make the process smoother and more constructive. The goal is always the safety and best interests of your child. Our team here at Wagoner County Attorneys have seen every type of custody arrangement imaginable. This will allow us to help you formulate the best options for you and your child. If you’re dealing with custody questions or disputes, reach out to us at 918-283-7394 or ask a question online.
