What Are the Two Types of Custody in Oklahoma?
Custody issues are often one of the most emotional and complicated aspects of family law. In Oklahoma, like in many states, the courts must determine custody arrangements when parents separate or divorce, or in cases involving children from non-marital relationships.
Custody decisions play a critical role in a child's well-being, and understanding the two types of custody—legal custody and physical custody—is essential for any parent facing a custody dispute.
At The Alexander Law Firm, serving Tulsa, Oklahoma, we handle custody cases and are dedicated to supporting you through this challenging time. We recognize how deep emotional bonds can affect custody arrangements.
Our skilled family law attorney will work closely with you to manage the legal challenges and make sure that your rights are safeguarded, aiming for the most favorable resolution for you and your children.
Legal vs. Physical Custody
The law divides custody into two categories: legal custody and physical custody. Understanding both is crucial to making sure that your rights as a parent are protected and that you can make informed decisions about your child’s upbringing.
Legal Custody
Legal custody refers to a parent's right to make important decisions about their child's life. This includes decisions regarding the child’s education, medical care, religious upbringing, and overall welfare. In Oklahoma, legal custody can either be:
Joint legal custody: This is when both parents share the responsibility of making decisions about the child's upbringing. Even if the parents don’t live together, they both retain the right to participate in significant decisions, such as choosing the child’s school or making medical decisions.
Sole legal custody: This occurs when only one parent has the legal right to make decisions for the child. The other parent may still have visitation rights or even physical custody, but they will not have a say in major decisions regarding the child’s welfare.
When a court grants joint legal custody, the goal is to make sure that both parents remain actively involved in the child's life and major decisions, even if they no longer live together. However, joint legal custody doesn’t always mean that the parents have equal involvement in day-to-day activities or care.
Physical Custody
Physical custody refers to where and with whom the child will live on a day-to-day basis. There are also two variations of physical custody in Oklahoma:
Joint physical custody: This means that the child spends a significant amount of time living with both parents. In cases of joint physical custody, the child may live with one parent during the week and the other parent on weekends or holidays, or there may be another arrangement that assures both parents spend substantial time with the child. Joint physical custody doesn’t necessarily mean that the time is split 50/50; rather, it means that both parents share time with the child in a meaningful way.
Sole physical custody: In cases of sole physical custody, the child will live primarily with one parent. The other parent may have visitation rights or limited contact, depending on the specifics of the custody arrangement. In many cases, even if one parent has sole physical custody, the other parent will still be granted visitation or access to the child under a set schedule.
Physical custody is generally determined based on what is in the best interest of the child, considering factors such as the parent's work schedules, the child's educational needs, and the child’s relationship with each parent.
Determining Custody in Oklahoma
Additionally, Oklahoma courts take into account various factors when determining both legal and physical custody arrangements. The primary consideration is always the child’s best interests. The courts evaluate multiple factors before making a custody decision, which can include:
The wishes of the child: If the child is old enough and mature enough, the court may take their preferences into account. This typically applies to children over the age of 12, although younger children’s preferences may be considered depending on their maturity level.
The parents' ability to cooperate: Courts often prefer joint custody arrangements when parents can work together and make decisions in the child's best interest. If parents are hostile or unable to cooperate, the court may grant sole custody to one parent.
The child’s relationship with each parent: The court looks at the relationship between the child and each parent. The child’s bond with each parent, as well as the parent's ability to meet the child's physical, emotional, and developmental needs, is an essential consideration.
The health and safety of the child: If there are concerns about abuse, neglect, substance abuse, or domestic violence, the court may limit visitation or grant sole custody to the parent who is best able to provide a safe environment.
The parents’ mental and physical health: The physical and mental health of both parents is considered. If one parent is mentally or physically incapacitated, the court may consider how this affects their ability to care for the child.
The parent's ability to provide a stable home: Stability is a key factor in determining custody. A parent’s ability to provide a consistent and stable home life will be heavily considered. The court will assess the parents' living situation, their employment stability, and their overall capacity to provide for the child’s needs.
Any history of domestic violence or criminal activity: Any history of domestic violence or criminal activity is closely examined, as the court is primarily concerned with the safety of the child.
Modifying Custody Arrangements in Oklahoma
Furthermore, custody arrangements are not set in stone. In Oklahoma, if circumstances change significantly after the initial custody order, parents can request a modification of the custody arrangement. For example, if one parent gets a new job that requires moving out of state or if the child’s needs change, the court may modify the custody agreement.
To modify a custody order, the parent requesting the change must demonstrate a material change in circumstances that justifies the modification. The court will always consider what is in the best interests of the child when determining whether to grant the modification.
How a Lawyer Can Help With Custody Issues
Moreover, working through custody battles in Oklahoma can be complicated, and having a lawyer by your side can make all the difference. A skilled family law attorney can help you understand your rights, guide you through the legal process, and work to achieve the best possible outcome for you and your child.
Helping You Understand Custody Options
A family law attorney can explain the various custody options available to you, helping you understand the implications of joint legal and physical custody versus sole custody. They will help you make informed decisions about what custody arrangement is best for you and your child.
Protecting Your Parental Rights
If you're facing a custody dispute, an attorney can help protect your parental rights. Whether you're the custodial parent or seeking custody, your lawyer will advocate for your rights throughout the process, making sure that your position is presented effectively in court.
Gathering Evidence for Custody Cases
In custody cases, it's important to present the best possible evidence to support your claims. A lawyer can help you gather relevant evidence, such as witness testimony, character references, school records, and other documentation, to show that you are capable of providing a stable and supportive environment for your child.
Negotiating Custody Agreements
If you're able to negotiate a custody arrangement with the other parent, a lawyer can help you draft a fair and legally enforceable agreement. They will assure that the arrangement reflects your child’s best interests while protecting your rights as a parent.
Representing You in Court
If your custody case goes to court, having an attorney on your side is crucial. A family lawyer can present your case effectively, cross-examine witnesses, and argue on your behalf. Whether you’re seeking full custody, joint custody, or a modification of an existing arrangement, a lawyer can provide the legal representation you need.
Handling Custody Modifications
Life is unpredictable, and situations may change after a custody order is in place. If you need to modify a custody arrangement, a lawyer can help you understand the process and what’s required to demonstrate that a modification is necessary.
Mediation and Dispute Resolution
Many custody disputes in Oklahoma are resolved through mediation rather than going to court. A lawyer can help facilitate negotiations and mediation between you and the other parent, aiming to reach an agreement that is in the best interests of the child and reduces the need for a lengthy courtroom battle.
Contact The Alexander Law Firm, PLLC
A family law attorney in Tulsa, Oklahoma, can guide you through the difficulties of custody issues, help protect your rights, and advocate for a custody arrangement that benefits both you and your child. By working with an attorney, you’ll be better prepared to explore the legal system and make sure that your child’s best interests are at the forefront of any decision-making. Contact The Alexander Law Firm, PLLC today.