The stay at home parent doesn’t automatically get custody of the children in a divorce or legal separation. In a Tulsa County divorce cases, custody decisions are typically on the basis of what is in the best interests of the child or children. This is to avoid automatically favoring one parent over the other based on their role as a stay-at-home parent or their employment status. Courts in Oklahoma, like in many other states, consider several factors when determining child custody arrangements. Some of the key factors include:
Childs Age Can Matter In Custody
The child’s age, physical health and other age-related factors could play a role in child custody decisions. Although there is no longer a gender preference for the purpose of custody, the courts are likely to leave a newborn with the mother in the time being. This can change once nursing is no longer a concern, in the meantime a newborn nursing will need its mother for the majority of the time. Physical health or other mental health conditions might impact custody decisions. If you have a parent that’s caring for a disabled child or child with special needs, the courts are less likely to disturb that arrangement for the purpose of custody.
Mental and Physical Health of Each Parent
Although the courts will not discriminate against a disabled parent, the condition could still go to the best interest of the child. If a parent suffers a degree of mental or physical disability that they can’t properly care for the children, or the mental impairment makes them unfit ,the Judge is not likely to award primary custody to the troubled parent. However, if the condition is part of a custody trial, it’s important that the parents provide expert testimony about how the impairment impacts or doesn’t impact custody. If treatment is being followed the treatment levels the playing field.
The Child’s Preference Can Impact Custody
Child preference will impact the courts decision but the preference must be free from influence by the parents. The Courts rule there is not an exact age when a child can express preference. Although 12 is a reasonable age the court looks to other factors. Those factors include maturity of the child and the ability of the child to maturely state their preference. Preference of the child can be part of the original custody order or as part of a modification of custody done at a later date.
Get Child Custody Legal Help In Tulsa County
While being a stay-at-home parent can be a factor the court takes into consideration, it is not the sole determinant in custody decisions. It’s essential to remember that custody decisions can vary from case to case, and it is on an individual basis, taking all relevant factors into account. If both parents are deemed fit and capable of providing a safe and nurturing environment, the court may also consider shared custody or joint custody arrangements to ensure that both parents continue to be involved in the child’s life.
For a Free Consultation with an Oklahoma family law attorney from Tulsa Divorce Attorneys and Associates call us at 539-302-0303 or go here to ask a free online