One important aspect of custody is physical custody, which determines where the child lives and which parent provides day-to-day care. In Oklahoma, child custody is a key part of family law that focuses on ensuring a child’s best interests are protected during and after a divorce or separation. This article explains how physical custody works in Oklahoma, how it differs from legal custody, and what factors courts consider when awarding it.
Understanding Physical Custody
Physical custody refers to where the child primarily resides and can be either sole or joint. The parent with physical custody is responsible for the child’s daily needs—such as meals, school, medical appointments, and general supervision.
- Sole physical custody means the child lives with one parent most or all of the time. The other parent may have visitation rights.
- Joint physical custody means the child spends significant time living with both parents. The time doesn’t have to be exactly equal, but both parents share in physical caregiving responsibilities.
How Are Physical and Legal Custody Different?
While physical custody focuses on the child’s living arrangements and day-to-day care, legal custody refers to the right to make major decisions for the child—such as education, healthcare, and religious upbringing.
It is common for Oklahoma courts to award joint legal custody even when physical custody is not shared equally.
Factors the Court Considers
When determining custody arrangements, Oklahoma courts prioritize the best interests of the child. The court will look at a variety of factors, including:
- Each parent’s ability to provide a safe, stable home
- The emotional bond between the child and each parent
- The child’s age and needs
- Each parent’s involvement in the child’s daily life
- History of domestic violence or substance abuse
- The child’s preference (if the child is of sufficient age and maturity, generally 12 or older)
No single factor decides the case. The judge reviews the entire situation to determine what arrangement will best support the child’s well-being.
Parenting Plans
Oklahoma law requires parents to submit a Parenting Plan if custody is contested. The plan should include:
- The proposed custody arrangement (who the child will live with and when)
- A schedule for holidays, vacations, and school breaks
- How transportation and exchanges will be handled
- A plan for resolving future disputes
This document helps clarify expectations and minimize future conflict.
Modifying Custody
Once a custody order is in place, the court will change it only if there has been a material change in circumstances that affects the child’s best interests. For example, relocation, changes in the child’s needs, or significant changes in a parent’s ability to care for the child might justify a modification.
Tulsa Child Custody Attorneys
Physical custody plays a central role in determining a child’s daily life after a separation or divorce. Whether you’re seeking sole or joint custody, it’s essential to understand how Oklahoma courts make decisions and what factors they consider. The Oklahoma custody attorneys at Tulsa Divorce Attorneys and Associates offer a free consultation. Just call us at 539.302.0303 or simply click here to ask a child custody legal question.