Questions about who gets custody are incredibly common in family law cases. Whether parents agree on very little or are trying to resolve matters amicably, the court’s central focus remains the same: what arrangement serves the best interests of the child. Oklahoma law gives judges broad discretion to determine custody, and several key factors guide that decision. Here’s a closer look at the 8 primary factors Oklahoma judges consider when deciding who gets custody.
1. The Child’s Relationship with Each Parent
Judges evaluate the emotional bond between each parent and the child. If one parent has served as the child’s primary caregiver—handling daily routines, school involvement, and healthcare—that involvement may weigh heavily in custody decisions. However, the court values the presence of both parents and aims to preserve important emotional connections.
2. Each Parent’s Ability to Provide Stability
Stability is a cornerstone of a healthy home environment. Judges consider whether each parent can offer a stable residence, consistent schedule, and safe surroundings. Factors such as frequent job changes, unstable housing, or chaotic routines may count against a parent seeking custody.
3. The Child’s Adjustment to Home, School, and Community
Oklahoma courts look at how well the child has adjusted to their current living situation, including their school, neighborhood, and social life. Judges may hesitate to disrupt a stable environment unless a compelling reason justifies the change.
4. The Mental and Physical Health of Each Parent
A parent’s physical and emotional health plays a role in custody determinations. If a parent is struggling with untreated mental illness, chronic substance abuse, or a physical condition that interferes with parenting, the court may question their ability to meet the child’s needs.
5. Willingness to Encourage a Relationship with the Other Parent
Judges want to see parents cooperate. Courts favor the parent who shows a genuine willingness to support the child’s relationship with the other parent. If one parent has tried to alienate the child or interfere with visitation, that behavior can work against them.
6. History of Domestic Violence or Abuse
Oklahoma courts treat any history of domestic violence or child abuse with utmost seriousness. A judge may limit or deny custody or visitation rights to a parent with a documented history of abuse, especially if the child was directly affected.
7. The Child’s Preference (When Applicable)
If the child is 12 years old or older, Oklahoma law allows the judge to consider the child’s custody preference. While this input is not the only factor, it may influence the final decision—especially when supported by other evidence of the child’s best interests.
8. Any Other Relevant Factors
Oklahoma judges are not limited to a checklist. They may consider any factor that directly impacts the child’s well-being, such as the presence of extended family, each parent’s work schedule, or how well the parents communicate.
The court’s primary goal is to protect the child’s emotional, physical, and developmental needs. Parents often enter custody cases believing they must “win” against the other parent—but judges focus instead on what arrangement gives the child the best chance to thrive.
Tulsa Child Custody Attorneys
We help parents understand their rights, present strong evidence, and create parenting plans that reflect the child’s best interests. Whether you’re filing for custody or responding to a claim, our team at Tulsa Divorce Attorneys and Associates can help. Get a free consultation with a family law attorney by calling 539-302-0303. Or if you like, you can ask a free online legal question by following this link.