We often get questions from parents about what to expect at a child custody hearing in Oklahoma. Whether you’re in the middle of a divorce or dealing with a custody dispute outside of marriage, appearing in court to address custody can feel overwhelming. Understanding what happens at a custody hearing—and how best to prepare—can make the process less stressful and help you protect your parental rights.
What Is a Child Custody Hearing?
A child custody hearing is a court proceeding where a judge considers issues related to the care and upbringing of a minor child. In Oklahoma, these hearings can occur during a divorce, paternity action, guardianship case, or stand-alone custody proceeding. The court’s main goal is to determine what arrangement is in the best interests of the child.
There are different types of custody hearings, depending on the stage of the case. Some hearings are temporary and set short-term arrangements for custody and visitation while the case is pending. Others—like final hearings or trials—establish long-term or permanent custody orders.
If DHS is involved, or if there are serious safety concerns, there may also be emergency hearings, adjudication hearings, or dispositional hearings related to allegations of neglect or abuse.
What Issues Will the Judge Decide?
At a custody hearing, the judge may address:
- Legal custody: Who has the right to make decisions about the child’s education, healthcare, and religion.
- Physical custody: Where the child will live and how parenting time will be divided.
- Visitation schedules: Including weekends, holidays, and school breaks.
- Child support: Based on income and Oklahoma Child Support Guidelines.
- Safety concerns: Such as domestic violence, substance abuse, or unstable living conditions.
If the parents agree on a parenting plan, the judge will usually approve it as long as it meets the child’s best interests. If not, each side will present evidence, and the judge will decide.
What Should You Bring?
To help support your case, bring relevant documents such as:
- School records or report cards
- Medical or counseling records
- Communications between you and the other parent
- Work schedules or calendars showing availability
- Proposed parenting plans
- Any documentation showing concerns about the child’s safety or well-being
Your attorney may also prepare you to testify and may call witnesses, such as teachers, family members, or counselors, especially in contested or high-conflict cases.
What Happens During the Hearing?
At the hearing:
- The judge will call the case and confirm the parties’ identities.
- Each parent (or their attorney) presents their position, supported by testimony or documentation.
- Witnesses may be called and cross-examined.
- The judge may ask questions to clarify facts or concerns.
- Depending on the nature of the hearing, the judge may issue an order immediately or take the matter under advisement and issue a ruling later.
In emergency hearings or temporary hearings, the court may issue a short-term custody order until a final decision can be made.
How Should You Prepare?
Dress professionally, arrive early, and speak respectfully to the judge and all parties. If you are representing yourself, practice what you want to say and stay focused on your child’s needs. Avoid making the hearing about your frustrations with the other parent—instead, explain why your proposed arrangement serves your child’s best interests.
If the child is old enough (typically age 12 or older), the court may consider their preferences. However, judges weigh many factors and do not base custody solely on the child’s wishes.
Tulsa Child Custody Attorneys
Custody hearings can shape your child’s future and your rights as a parent. Preparation is key to making a strong impression in court. If you are in a custody case or need help modifying an existing custody order, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.