Custody decisions in a high conflict divorce is something a court is often tasked with deciding. Custody disputes are difficult in any divorce—but when emotions run high, and cooperation breaks down, it can be necessary for a judge to step in. In Tulsa, judges handling high-conflict divorce cases follow specific legal standards and rely on various tools to determine what custody arrangement best serves the child’s well-being. Our article will dive into the intricacies of this legal issue.
The Guiding Principle: The Best Interests of the Child
Oklahoma courts base all custody decisions on one overriding principle: the best interests of the child. Under Title 43 of the Oklahoma Statutes, judges are to consider factors such as:
- The emotional and physical needs of the child
- Each parent’s ability to provide a stable, nurturing environment
- The willingness of each parent to co-parent and encourage the child’s relationship with the other parent
- Any history of domestic violence, substance abuse, or neglect
- The child’s relationship with siblings and other family members
- The child’s preference (usually given more weight if the child is over the age of 12)
In high-conflict divorces—where communication has broken down and disputes are frequent—the court takes a close look at each parent’s conduct, especially if one parent is attempting to alienate the child from the other or refuses to cooperate. The court ultimately wants parents to co-parent effectively and efficiently, but if that is out of the question they will take matters in to their own hands.
Legal vs. Physical Custody
Judges can award either joint custody (both legal and/or physical) or sole custody to one parent. Tulsa courts usually prefer joint legal custody, allowing both parents to make decisions about education, healthcare, and other major issues. However, if the conflict between the parents renders decision-making impossible, the court may award sole legal custody to one parent.
Physical custody (where the child lives) may also be shared or given to one parent, with the other receiving visitation rights. Visitation could be limited to certain weekends, to professionally supervised for specific number of hours. The issues usually must be severe, like domestic abuse, for professionally supervised visitation to be warranted. Limiting custody and visitation is never to punish a parent, but to ensure the safety of the child or children at hand.
Use of Custody Evaluations and Guardians ad Litem
In high-conflict cases, Tulsa judges often order a custody evaluation or appoint a guardian ad litem (GAL) to represent the child’s best interests. These professionals conduct interviews, home visits, and background checks before making recommendations to the court.
A GAL, usually an attorney with family law experience, interviews the child, both parents, teachers, doctors, and other relevant people. Their report can carry significant weight in the judge’s final custody decision. A GAL’s only job is to ensure the needs of the child are being properly met under the custody arrangement.
Court-Ordered Mediation and Parenting Plans
Before a judge decides custody, parents may have to attend court-ordered mediation to try and resolve disputes. If mediation fails, each parent may be asked to submit a proposed parenting plan, outlining their desired custody arrangement, visitation schedule, and communication plan.
Judges review these proposals carefully, particularly in high-conflict cases where consistency and structure are key to minimizing the child’s stress. If the judge feels it’s in the child’s best interests, they may make a custody determination that favors one parent over the other.
When Modifications Occur
In high-conflict cases, courts often revisit custody orders if one parent repeatedly violates the terms or if the conflict escalates. A judge may modify the arrangement to reduce harm to the child, including limiting parenting time or requiring supervised visitation. For this to occur, there has to be an established pattern that shows the child is in harm’s way. This doesn’t necessarily mean physical harm, but emotional turmoil can also be a factor. Ultimately, the court will have the final say in this matter.
Tulsa Divorce Attorneys
If you’re facing a custody battle in Tulsa or the surrounding areas, especially in a high-conflict divorce, it’s critical to work with a skilled family law attorney who understands how local judges approach these sensitive cases. Our team is experienced in navigating contentious custody matters and committed to protecting your parental rights while advocating for your child’s best interests. For a free consultation with an Oklahoma family lawyer from Tulsa Divorce Attorneys & Associates, call us at 539-302-0303. You can also click this link to ask an online legal question.