Many parents ask how they can pursue joint custody, which allows them to stay actively involved in raising their child after the relationship ends. Oklahoma courts often support joint custody when both parents can cooperate, but the process requires meeting specific legal standards and presenting a practical plan.
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Understanding Joint Custody in Oklahoma
Oklahoma law defines joint custody as an arrangement in which both parents share the legal responsibility for raising their child. This includes making major decisions about the child’s education, healthcare, and general welfare. In some cases, joint custody may also include sharing physical custody, where the child spends time living with each parent.
Joint custody doesn’t automatically mean equal parenting time. Instead, it focuses on each parent maintaining a meaningful role in the child’s life.
How to Request Joint Custody
To request joint custody, you must begin by filing a custody petition—typically as part of a divorce, paternity, or separation case. Either parent can ask the court for joint custody. Once you file, the court will evaluate whether awarding joint custody serves the child’s best interests. You’ll need to show the court that both parents are capable of caring for the child and making shared decisions.
Presenting a Joint Custody Plan
When seeking joint custody, you must submit a Joint Custody Plan outlining how both parents will share parental duties. Courts look closely at the details of this plan, especially how you will make joint decisions and resolve disputes.
If the plan is vague or unrealistic—or if there’s a high level of conflict between the parents—the court may deny joint custody. However, if you present a clear, cooperative approach that focuses on the child’s stability and emotional needs, the court is more likely to approve your request.
What Judges Consider
Oklahoma judges weigh several factors before making a custody determination. They examine each parent’s relationship with the child, their ability to communicate and support one another’s parenting roles, the child’s emotional and physical needs, and any history of domestic violence or substance abuse. If the child is 12 years or older, the court may also consider the child’s preferences.
In some cases, the court may deny joint custody requests—especially if one parent poses a risk to the child. When this happens, the judge may award sole custody to one parent and grant the other a structured visitation schedule.
Even if the court denies joint custody initially, that decision may not be permanent. If circumstances improve, you may petition the court for a custody modification.
How to Modify a Custody Order
If the court previously granted sole custody to the other parent, you can request joint custody later by showing that circumstances have changed significantly. For instance, if one parent becomes more involved and consistent, the court may reconsider its original order.
To modify the custody arrangement, you’ll need to file a motion, present evidence of the change, and explain how the revised arrangement would benefit the child.
Get Legal Help to Pursue Joint Custody in Oklahoma
Securing joint custody requires a detailed parenting plan, evidence of cooperation, and a strong presentation in court. If you’re facing custody issues, contact our team at Tulsa Divorce Attorneys and Associates. 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.