If you’re going through a divorce and have children, one of the most important things you’ll need to figure out is child custody. Child custody can be a complicated and emotional issue, and it’s important to understand the basics before you start the process. In this Oklahoma Child Custody Guide, we’ll cover everything you need to know about child custody in a divorce.
Types of Child Custody in Oklahoma
There are two main types of child custody: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody refers to the right to make important decisions about the child’s upbringing. There are several different arrangements that can be made for both types of custody:
- Sole Physical Custody: In this arrangement, the child lives with one parent full-time, and the other parent has visitation rights.
- Joint Physical Custody: In this arrangement, the child lives with both parents on a roughly equal basis.
- Sole Legal Custody: In this arrangement, one parent has the right to make all important decisions about the child’s upbringing.
- Joint Legal Custody: In this arrangement, both parents have the right to make important decisions about the child’s upbringing.
There is a presumption in Oklahoma that both parents should be involved in the raising of a child. In turn, many cases do begin with joint custody as a viable option and often the standard in an uncontested divorce. With that being said, the “best interests of the child” can rebut that presumption.
Factors Considered in Custody Decisions
When making custody decisions, the court will consider a variety of factors, including but not limited to:
- The child’s age, gender, and health;
- Each parent’s ability to provide for the child’s physical and emotional needs;
- Each parent’s history of caring for the child;
- The child’s relationship with each parent;
- Each parent’s work schedule and availability; and
- The child’s school and community activities.
The “best interests of the child” standard are very important for the Judge as they weigh the facts of the case carefully against the wishes of each party.
This “best interest” standard is a grey area as far as a definition but becomes more clear in each individual case because every case is uniquely different. Every time I think I have seen it all, I am immediately surprised.
Tips for Negotiating Custody
If you and your spouse are able to negotiate custody arrangements outside of court, there are several things you should keep in mind:
- Put the child’s needs first: Focus on what is best for the child, rather than what you or your spouse wants.
- Be willing to compromise: Both you and your spouse may need to make concessions in order to come up with a custody arrangement that works for everyone.
- Get everything in writing: Make sure all custody arrangements are clearly spelled out in your divorce agreement.
No one gets a divorce because they are communicating extremely well with their partner, but as a divorce attorney that has represented many many parents in these situations, remember that the child is the focus and you will have some sort of interaction with your soon-to-be ex-spouse as the child grows up.
People often get wrapped up in emotion and do not allow themselves to see through the immediate moment to get orders in place that will benefit the child as they get older.
As difficult as it is to have these conversations, working through this issue allow will save you thousands of dollars in legal fees, and months in the Court system.
If you need help with this part or think an outside perspective would be valuable, our attorneys will be glad to help.
When to Hire an Attorney
There are two occasions when hiring an attorney makes sense.
- When you are your spouse have come to an agreement but need it to be written up correctly for the Court to be legal and valid, and
- If you and your spouse are unable to come to a custody agreement on your own.
An experienced child custody attorney can help you navigate the legal system and fight for your rights as a parent. You should consider hiring an attorney if:
- You and your spouse are unable to agree on custody arrangements.
- You believe your spouse is not acting in the best interests of the child.
- You believe your spouse is a danger to the child.
- Your spouse is a danger to you!
In Conclusion
Child custody is one of the most important issues to consider when going through a divorce. By understanding the different types of custody arrangements, the factors considered in custody decisions, and tips for custody negotiations, you can make informed decisions about what is best for your child. If you need help navigating the custody process, don’t hesitate to contact an experienced child custody attorney.
