It can be hard to get full custody sometimes due to the court’s emphasis on the child’s best interests. Oklahoma courts also have a preference for joint custody arrangements whenever possible. Full custody, also known as sole custody, means that one parent is granted exclusive legal and physical custody of the child. This parent has the authority to make all major decisions regarding the child’s welfare, including education, healthcare, and religious upbringing, and the child primarily resides with this parent. This article will delve into the different scenarios that would warrant full custody.
Legal Standards for Custody in Oklahoma
The court evaluates various factors to determine what arrangement will best serve the child’s needs and welfare. The first one is the best interests of the child. This overarching standard considers the child’s physical, emotional, and developmental needs. The court aims to create a custody arrangement that provides stability, continuity, and a nurturing environment for the child. The court also assesses each parent’s ability to provide a safe, loving, and stable home. Factors include mental and physical health, history of substance abuse, and any history of domestic violence or child abuse.
Further, the court looks into the existing relationship between the child and each parent. This will include the emotional bond, level of involvement, and each parent’s ability to meet the child’s needs. There is also the factor of each parent’s willingness to foster a positive relationship between the child and the other parent. The court’s main objective is to disrupt the child’s life the least amount. Depending on the child’s age and maturity, the court may consider the child’s preferences regarding custody. However, the child’s wishes are not determinative and are weighed alongside other factors. The court also prefers arrangements that provide stability and continuity in the child’s life, such as maintaining consistent schooling, community ties, and family relationships. Ultimately, in Oklahoma, the primary consideration in any custody case is the best interests of the child.
Steps to Obtain Full Custody
If you’re wanting to seek full custody, there is a series of steps you’ll need to follow.
- Filing a Petition: The process begins by filing a petition for custody with the appropriate family court in Tulsa. In this petition, outline the reasons for seeking full custody and any relevant facts supporting the request.
- Temporary Custody Orders: The court may issue temporary custody orders to provide stability for the child. These orders are based on the initial evidence and may change as the case progresses.
- Gathering Evidence: Collecting evidence is crucial for supporting a full custody claim. This can include documentation of the other parent’s misconduct, witness statements, medical records, as well as any other relevant information.
- Mediation: Before a court trial, parents may have to participate in mediation to try to reach a custody agreement. Successful mediation can result in a mutually agreeable custody arrangement, potentially avoiding a contentious court battle.
- Court Hearing: If mediation fails, the case proceeds to a court hearing where both parents present their evidence and arguments. Here, the court will consider all relevant factors and make a determination based on the child’s best interests.
Afterwards, the judge will issue a custody order. If full custody is granted, the order will detail the custodial parent’s rights and responsibilities and any visitation arrangements for the non-custodial parent.
Tulsa Child Custody Attorneys
Obtaining full custody in Tulsa can be challenging due to the court’s preference for joint custody and the stringent requirements to prove that full custody is in the child’s best interests. However, with the right preparation, evidence, and legal representation, it is possible to achieve a custody arrangement that ensures the child’s welfare and stability. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contacting us online to learn more.