In Oklahoma, legal custody refers to a parent’s right and responsibility to make important decisions regarding the upbringing of their child. These decisions typically include matters such as education, healthcare, religious upbringing, and general welfare. Legal custody is one of the key components of child custody arrangements in Oklahoma and can significantly impact the rights of both parents in a divorce or separation.
Types of Legal Custody in Oklahoma
There are generally two types of legal custody in Oklahoma: sole and joint.
- Sole: In cases where one parent is awarded sole custody, that parent has the exclusive right to make major decisions concerning the child’s welfare. This means that the custodial parent has the authority to decide things like education, healthcare, and other important matters without needing the other parent’s consent.
- Joint: Joint custody means both parents share the responsibility for making significant decisions regarding their child’s upbringing. While one parent may have physical custody (the child’s primary residence), both parents retain the right to be involved in making decisions about education, medical care, and other critical aspects of the child’s life.
Joint legal custody doesn’t mean the child spends equal time with each parent, but does mean that parents work together.
Legal vs Physical Custody
It’s important to distinguish between legal and physical custody, as they refer to different aspects of a child’s care:
- Legal Custody: Refers to the right to make significant decisions about the child’s life, such as healthcare, education, and religious upbringing.
- Physical Custody: Refers to where the child lives on a day-to-day basis. A parent with physical custody is the one with whom the child resides most of the time. Parents can have sole physical custody or joint physical custody (where the child spends substantial time living with both parents).
In many cases, parents may have joint legal custody while one parent may have sole physical custody or the child may spend significant time with both parents in a joint physical custody arrangement.
Factors the Court Considers
Oklahoma courts base custody decisions on what is in the best interest of the child. The court will consider various factors, including:
- Parental Involvement: How involved each parent has been in the child’s life and decision-making before the separation or divorce.
- Cooperation Between Parents: Whether the parents can cooperate and make decisions together. Courts prefer joint legal custody when parents are able to communicate and make decisions together for the child’s well-being.
- Child’s Relationship with Each Parent: The relationship the child has with each parent, and which parent has been the primary caregiver, may influence custody arrangements.
- Stability: The court will consider which living arrangement provides the most stability and continuity for the child. This includes school, community, and familial connections.
- Child’s Wishes: Depending on the child’s age and maturity, the court may take the child’s preference into account.
- Parental Fitness: The court will evaluate whether each parent is fit to care for the child. This includes considering issues like abuse, neglect, substance abuse, or other factors that might affect the child’s well-being.
Enforcing Legal Custody Orders
Once the court issues an order, both parents are legally obligated to follow it. If a parent refuses to comply with the arrangement, the other parent can seek enforcement through the courts. This may involve filing a motion for contempt of court if one parent is not honoring the custody order. Penalties for contempt can include fines, modifications to custody arrangements, or other consequences.
Legal Custody and Parenting Plans
When determining legal custody, Oklahoma courts will often require the parents to submit a parenting plan that outlines how they will share responsibilities and make decisions about the child’s upbringing. This plan will detail the division of responsibilities for medical care, education, extracurricular activities, and other important decisions.
In joint legal custody, the court ensures that both parents agree on how to cooperate in making decisions. When parents cannot agree, the court may step in and make decisions based on the best interests of the child.
Tulsa Child Custody Attorneys
If you are seeking legal custody of your child in Oklahoma, whether through a divorce, paternity case, or modification of an existing custody order, it is important to work with an experienced family law attorney. 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.