The best form of child custody In Oklahoma is one in which the parents fully understand the differences between the several choices. Successful co-parenting not only requires a combination of appreciation for the wellbeing of your child, but also a plan for how the custody arrangement will be implemented. There are many forms of child custody you can consider to meet the specific needs of your family.
You must also understand that child custody does not simply involve determining where the child will live. There are other issues concerning custody that deal with where your child will go to school and who will provide their medical coverage, among other things. For example, if your child has special needs, your custody arrangement will need to reflect the complexities of your child’s condition and care. The best form of child custody for you and your family greatly depends on your specific situation. Here’s more on child custody and how you can create an arrangement that will work best for you and your child.
What Types Of Custody Are There In Oklahoma?
Custody is broken down in to two separate forms: legal and physical. Legal custody refers to a parent’s right to make decisions about their child’s education, medical care, religion, etc. In either case, the court can award either sole or joint custody. Physical custody concerns where and with whom your child will live. There are also different types of physical and legal custody. They are:
- Sole Legal Custody – only one parent has the right to make legal decisions for the child in regard to education, health care, religion, etc.
- Joint Legal Custody – both parents have the right to make legal decisions for the child in regard to education, health care, religion, etc.
- Sole Physical Custody – the child lives with one parent and the other has specific visitation rights.
- Joint Physical Custody – the child resides with each parent for a substantial amount of time during the calendar year.
You should note that you may be able to get sole physical and legal custody of your child, without the possibility of their visitation with the other parent. This is typically when one parent presents a significant danger to the child. The vast majority of custody arrangements are by agreement. What this means is that both parents have agreed to the form of custody and visitation schedule. If you cannot agree with the other parent, then you will need to go in front of a judge who will then make a decision for you on the custody of your child.
How Does The Court Decide Who Gets Physical Custody?
Law in Oklahoma says that the court will decide who gets physical custody based on the best interests of the physical, mental, and moral welfare of the child. What that means is that the court will look at a number of factors in deciding where your child will live. Some of those factors are:
The quality of the relationship between the child and the parents
- The relationship with grandparents, siblings and other significant people in the child’s life;
- The child’s relationship to their school, religious institution and community;
- The mental and physical health of all parties;
- Any past, present or possible future spousal abuse or child abuse by either parent;
- Any past or present drug use of the parents;
- The wishes of the parents; and
- The wishes of the child (depending on the child’s age).
What About Visitation?
Except in cases where there is a clear danger to the child, the court will give visitation to the parent that does not have sole physical custody. Visitation is typically split into a few categories: weekend, holiday, and summer visitation. Most visitation is done on the weekend, with holidays split up among the parents. For cases where one parent lives too far away for weekend visits to be practical, summer visitation may be ordered.
Which Form Of Custody Is The Best For Me?
There is no magical form of custody that works better than the others as each family situation will be different. It is important that you take the time to discuss all aspects of your child’s life. This includes getting input from everyone with involvement when deciding on custody. It is also important that you consult with a family law attorney for the drafting of a custody agreement to ensure that all laws are followed and that it is enforceable.
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Child Custody Attorneys
The best form of child custody in Oklahoma is one where the children thrive. The experienced child custody attorneys at Tulsa Divorce Attorneys and Associates can help. They are well-versed on all issues relating to child custody in the state of Oklahoma. We have helped countless clients effectively resolve custody disputes. To learn more about custody reach out to our family lawyers on South Lewis Ave. Caby calling (539) 302-0303 or click here.