When discussing family law, particularly in the context of child custody, the term best interest of the child is paramount. Essentially, it refers to the guiding principle used by courts to make decisions that prioritize the well-being, safety, and happiness of the child involved in any custody or visitation dispute.
In Oklahoma, as in many other jurisdictions, determining the best interest of the child involves considering a range of factors. While the specific factors may vary depending on the circumstances of each case, they typically include:
Parents Physical and Emotional Health:
The court assesses the physical and emotional health of each parent and the child to ensure a safe and supportive environment. If a parent is unable to care for the child because they themselves suffer from some sort of emotional or physical problems, this can impact the arrangement. The physical and emotional health of the child is also a consideration for the courts. If a child is special needs or requires certain support the parent with custody must be able to meet that special need.
Child’s Wishes:
Depending on the child’s age and maturity, their wishes may be taken into account. However, this is typically one factor among many and not determinative. The key for this factor is the child’s maturity and ability to form a preference without interference from either parent. Further, if the child can make that expression courts will view the Childs preference as in the best interest of the child.
Parental Stability and Caregiving Ability:
The courts may consider each parent’s ability to provide a stable and nurturing environment for the child, including considerations such as employment stability, housing, and caregiving history. This doesn’t mean that the parent with the better job or more money gets custody. Rather, the court looks to the totality of the parents stability in determining custody. Thus, if one parent is unable to provide a stable living arrangement for themselves, it’s unlikely that they can provide stability for their child.
Parent-Child Relationship:
The strength and quality of the relationship between each parent and the child are considered. Courts often aim to support ongoing relationships with both parents, provided it is in the child’s best interests. For this reason the courts in Oklahoma begin with the presumption that joint custody is in the best interest of the child. The court will evaluate the past relationship the child and parent had for clues as to what the relationship might be going forward.
Co-Parenting Cooperation:
The court may assess the ability of each parent to cooperate with the other in matters concerning the child’s upbringing. This includes things like communication regarding education, healthcare, and visitation schedules related to their child. Once again, this goes to the States preference for shared parenting. If a parent fails to advance cooperation in parenting the courts look poorly on that parent. The parent that cooperates or when both parents cooperate this is viewed in the best interest of the child.
History of Abuse or Neglect
Any history of domestic violence, substance abuse, neglect, or other harmful behaviors is carefully considered, with the primary goal of ensuring the child’s safety. A history of domestic abuse creates an automatic presumption against shared parenting. The parent with domestic abuse in their past must prove to the court that they are no longer a danger to the interest of the child.
Tulsa Custody Attorneys Near You
Ultimately, the best interest of the child standard is flexible. This flexibility allows courts to consider the unique circumstances of each case. It is not a one-size-fits-all approach but rather a holistic assessment aimed at promoting the child’s overall well-being and development. In a custody matter its the job of your attorney to make arguments to the Court regarding best interest of the child. 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.