In Oklahoma, the State doesn’t recognize Fathers Rights or Mothers Rights in child custody decisions. The truth is that child custody is a constitutional right that equally protects both mothers and fathers. In Oklahoma, as in many other jurisdictions, the family court system determines child custody arrangements based on the best interests of the child. The court does not automatically favor mothers or fathers, and both parents have equal rights in custody matters. The goal is to ensure that the child has a stable and nurturing environment that promotes their well-being.
Considerations On Which Parent Gets Custody
Once again, gender alone has nothing to do with whether a mother or father gets custody of their children. Oklahoma family courts consider many things when determining child custody, and these factors may include:
- A child’s age and gender: Courts may consider the age and gender of the child, taking into account the unique needs and preferences associated with each. For a newborn or tender year things like breast feeding or needs of a new born may be considered at the beginning of a child’s life.
- Relationship with each parent the child has: The court will assess the emotional ties and interactions between the child and each parent to determine the quality of the relationship. If a parent has a limited past relationship with a certain parent, this could impact custody going forward. It’s said the courts seek to maintain a status quo for the children as it relates to the kids.
- Both parent’s ability to provide a stable home environment for the kids: The family courts consider factors like a parent’s ability to meet the child’s physical, emotional, and developmental needs. This is not about which parent has more money. Rather, it’s about stability for the children based on a totality of factors at home.
- The mental and physical health of both parents: If a parent has a difficult time taking care of themselves, it usually extends to the kids. This isn’t saying that a physical or mental disability by itself determines custody. Rather, the court will scrutinize the health of the parent. If it impacts the best interest of the child, it may impact custody.
- Each parent’s willingness to support the child’s relationship with the other parent: Courts generally look favorably upon parents who encourage and facilitate a positive relationship between the child and the other parent.
- Any history of domestic violence or abuse: A history of violence or abuse can significantly impact custody decisions. It’s simple, if a parent has a proven history of domestic violence, then history creates a presumption that primary custody should be with the other parent. This includes protective orders and things of that nature. The court always prioritizes the safety and well-being of the child.
- The child’s adjustment to their home, school, and community: Disrupting a child’s established routine may be a consideration. In this case, the court may assess how well the child is adjusting to their current environment.
Joint Custody Preference in Oklahoma
It’s important to note that Oklahoma, like many states, recognizes both joint custody (where both parents share decision-making responsibilities) and sole custody (where one parent has primary physical and legal custody). The court’s decision will depend on the specific circumstances of each case.
If parents can reach a mutual agreement on custody, the court may approve their proposed parenting plan. However, when parents cannot agree, the court will make a determination. This is often based on the best interests of the child. It’s advisable for parents to seek legal advice to understand their rights and responsibilities in the context of Oklahoma’s specific family law regulations.
Custody Of When The Parents Are Unmarried
In the case of unmarried parents there is a gender preference. This kind of case is a paternity case. In a paternity case, you cannot settle Fathers Rights until after the filing of the case and decision. This is because for a child born outside of a marriage, the presumption of parentage doesn’t exist until the filing of a paternity case asserts it. Before the filing of the case, it’s unspoken that the Mother has full de-facto custody. This full custody extends until the filing of a paternity case. This is true regardless of what custody the parents agree on. In a paternity case, the case is in the County where the child resides. Once the case is filed, the same rules for custody and visitation applies as they do in a divorce case.
Child Custody Lawyers in Tulsa
Fathers rights or mothers rights we can guide you through the process of child custody. Our family law attorneys dedicate themselves to child custody in Oklahoma. Custody is never one size fits all. Rather, it’s a process that requires a steady hand and dogged approach to get a resolution to parents’ custody issues. For a Free consultation call 539-302-0303 or follow this link to ask a family law question.