If you’re preparing for a child custody trial in Tulsa, you likely already know how emotional and overwhelming the process can be. Unlike a settlement or temporary order hearing, a child custody trial is a formal court proceeding where the judge decides how custody will be awarded.
Understanding what to expect at trial can help you prepare, manage your expectations, and put yourself in the best possible position to protect your relationship with your child.
1. How Custody Trials Fit Into the Process
In Oklahoma, courts encourage parents to resolve custody disputes through negotiation or mediation whenever possible. Many cases settle before trial.
However, if parents cannot agree, a custody trial becomes necessary.
At trial, the judge, not a jury, decides:
- Legal custody (who makes major decisions for the child)
- Physical custody (where the child primarily lives)
- Parenting time schedules including picking up the children and dropping them off.
- Child support, if appropriate
The guiding principle in every custody decision is always the best interests of the child.
2. What Happens Before the Child Custody Trial
Before the trial date:
- Discovery: Each side in both divorce and a paternity case exchanges evidence, such as financial records, communications, school records, and witness lists. This is an important phase because it allows the attorney to narrow down the issues to those that favor your case.
- Temporary Orders: If not already in place, the court may issue temporary custody and support orders. Temporary orders are important because they are in place without the ability to modify them until trial.
- Mediation: Courts often require parents to attempt mediation before proceeding to trial.
- Pretrial Conferences: The judge may meet with the attorneys to narrow the issues for trial. In some instances, the litigants may be required to attend, but this is not the rule.
Your attorney will work with you to prepare evidence, develop legal arguments, and organize witness testimony.
3. What to Expect During the Trial
A custody trial is a structured proceeding. Here’s the general flow:
a. Opening Statements
Each side gives a brief overview of its position, explaining what custody arrangement it believes is best for the child and why. The opening argument sets the stage for the Judge to decide what issues will be addressed at the trial.
b. Presentation of Evidence
Each parent presents their case by offering:
- Testimony from themselves and supporting witnesses (such as teachers, family members, doctors, counselors). Your testimony and that of your witnesses are critical. The Judge has great discretion in family law matters and relies heavily on the credibility of the witnesses to determine what they decide.
- Documents and records (such as report cards, medical records, messages between parents, parenting plans). The rules of evidence must be strictly followed to admit evidence and avoid potential objections.
- Expert testimony, if needed (for example, from custody evaluators or psychologists)
The opposing party will have the opportunity to cross-examine each witness.
c. Guardian ad Litem or Custody Evaluator Reports
If the court appointed a guardian ad litem (GAL) or ordered a custody evaluation, those findings will usually be presented during the trial.
d. Judicial Questions
The judge may ask either party or any witness questions directly to clarify important points.
e. Closing Arguments
Each attorney summarizes their case, highlighting why their client’s proposed custody arrangement serves the child’s best interests.
f. Decision
Sometimes the judge issues a decision immediately at the end of the trial. Other times, the judge takes the matter under advisement and issues a written order days or weeks later.
4. Factors the Court Considers
Oklahoma judges weigh a wide range of factors when deciding custody, including:
- The emotional bond between each parent and the child
- Each parent’s ability to provide a stable home environment
- The child’s adjustment to home, school, and community
- Each parent’s mental and physical health
- History of domestic violence or substance abuse
- Willingness of each parent to foster a positive relationship between the child and the other parent
- The child’s preference (if the child is of sufficient age and maturity)
No one factor is automatically controlling. The court looks at the full picture to determine what will best serve the child’s long-term interests.
5. How to Prepare for a Custody Trial
- Work closely with your attorney to build a strong case.
- Follow all existing court orders (temporary custody orders, support payments, etc.).
- Gather supporting evidence such as school records, health records, and a detailed parenting journal.
- Choose credible, relevant witnesses who can testify to your parenting abilities and your child’s needs.
- Present yourself professionally — dress appropriately, be respectful in court, and avoid emotional outbursts.
- Focus on your child’s needs — courts prioritize the child’s best interests, not what the parents feel they “deserve.”
6. After the Trial
Once the judge issues a custody order, it becomes legally binding. Both parents must comply.
If either parent violates the order, the other can seek enforcement.
If circumstances change significantly after the trial (such as relocation, major changes in the child’s needs, or parental misconduct), a parent can later request a modification of the custody order.
Child Custody Trial Attorneys Near You
Going through a child custody trial in Oklahoma is never easy, but being prepared, understanding the process, and working with an experienced family law attorney can help you present the strongest possible case for your child’s future. If you are facing a custody trial or have questions about your parental rights, contact our office today for trusted guidance and dedicated representation. Get a free consultation with a family law attorney at Tulsa Divorce Attorneys and Associates, 539-302-0303. Or if you like, you can ask a free online legal question by following this link.