When you realize that your relationship with your children’s other parent is toast, you’ll have to figure out who gets custody of your children. Unfortunately, issues of child custody can be overwhelming and contentious, with each parent wanting sole custody while arguing that the other parent should get nothing. Although some parents tend to work out joint custody arrangements without much turbulence, others turn to their lawyers to try and convince a court that sole custody is warranted. However, getting sole custody could be an uphill battle depending on the circumstances. Here’s an overview of what custody entails in Oklahoma and what you could do to get sole custody.
Physical And Legal Custody
If you have physical custody of your children, then that means that you are entitled to have your children live with you. However, that does not mean that you can make all decisions with respect to their welfare. Rather, legal custody is what empowers you to make legal decisions with respect to your children’s upbringing and care. This could include decisions about what type of medical care they receive, what type of religion they grow up with, and where they attend school. It is common to have Joint physical and legal custody of your children; however, some parents don’t get either.
Sole Versus Joint Custody
If you have sole physical custody, that means that your children only live with you. The other parent might be entitled to visitation (parenting time); however, the court might preclude this especially in circumstances where the other parent is unfit. To the extent that you and the other parent have both been awarded physical custody, then this means that your children will live with you and also live with the other parent. In this case, you would be co-parenting from two different homes. Relatedly, if you and the other parent both have legal custody, then that means that you can both make legal decisions with respect to your children’s upbringing.
What Determines Custody In Oklahoma?
In Oklahoma, the court does not have an agenda to award one parent sole custody. Rather, the court takes into account what is in the best interest of the child. Specifically, the court considers:
- Parents’ wishes or preferences regarding the care of the child
- Child’s preferences or wishes
- Parents’ financial resources and jobs
- Parents’ home environment
- Parents’ relationship and interactions with the child
- History in the family of abuse or neglect, or any criminal history of abuse or neglect
- Parents’ plans on relocation versus staying in the state
- Child’s relationships with other family members
- Child’s adjustment to a new living arrangement, community and school
- History of a parent’s compliance with custody, parenting decisions and child support
Instances Which Could Result In Sole Custody
There are a few notable instances of misconduct by a parent which could cause them to lose their custody rights. This includes domestic violence, stalking and harassment. Keep in mind that the court considers the safety and well-being of the child to be of the utmost importance. For that reason, if your children have fallen victim to the other parent’s domestic violence, stalking or harassment, then the court could view that abusive or offending parent as a threat to your children’s safety and could therefore strip that parent of their custody rights.
Other Instances Where a Parent Could Lose Custody:
- The parent is mentally incapacitated or incompetent
- The parent cannot be located or has died
- The parent consents to relinquishing custody
- The parent is unfit
- The parent is a registered sex offender
- The parent abandons the child
If your aim is to demonstrate that your children’s other parent is unfit, then you should be prepared to support your position by facts and evidence and be prepared for the other parent to vigorously defend against these allegations. You might have photos, videos, messages or other documents which might be useful evidence for supporting a claim of the unfitness of the other parent. Make sure you preserve everything.
Child custody hearings are often contentious legal proceedings that take place in a court before a judge. Pushing for sole custody in Oklahoma can involve a very tough battle. An experienced Tulsa family law attorney is well equipped to guide you through this process and make sure that you have all of the documents and evidence that you need to obtain the best outcome. No matter what your ultimate goal is, consulting with an attorney so that you become aware of your custody rights is a solid first step.