In an Oklahoma child custody battle which parent gets custody is a complex decision and depends on several different factors. This is because child custody cases can be emotionally challenging and legally complex affairs, often leaving parents confused and overwhelmed. Along with the question of which parent gets custody there other considerations. Some include visitation, child support and what arrangements promote an environment for your children that helps promote their development. While every situation is unique the courts make decisions based on the best interests of the child. Understanding the factors that influence custody decisions can provide clarity and guidance for parents navigating this difficult process.
Understanding What The Courts Are Looking For:
When parents begin this kind of case its imperative they understand what the courts are looking at. The most important factor the courts look at is what is in the best interest of the child and promoting the child’s welfare above everything else. With this in mind, let’s explore the factors that courts typically consider when determining custody:
- Child’s Best Interests: Courts prioritize the well-being and stability of the child above all else. Factors such as the child’s emotional and physical needs. This happens together with the relationship with each parent, and their adjustment to home, school, and community.
- Parenting Capacity: Courts assess each parent’s ability to provide for the child’s needs, including their emotional, physical, and developmental requirements. Factors such as the parent’s caregiving skills, mental and physical health, and willingness to foster the child’s relationship with the other parent are considered.
- Parent-Child Relationship: The nature and quality of the relationship between each parent and the child are critical. Courts evaluate the level of involvement and bonding between the child and each parent, considering factors such as the history of caretaking, nurturing, and support provided by each parent.
- Stability and Continuity: Maintaining stability and continuity in the child’s life is paramount. Courts may favor the parent who can offer a stable living environment, consistent routines, and minimal disruption to the child’s life, including school, extracurricular activities, and social connections.
- Co-Parenting Ability: The willingness and ability of parents to cooperate and communicate effectively in co-parenting are essential considerations. Courts look favorably upon parents who demonstrate a willingness to collaborate in making decisions regarding the child’s upbringing and who prioritize the child’s best interests over personal conflicts.
- Child’s Preferences: Depending on the child’s age and maturity level, the court may take their preferences into account. While older children’s preferences have more weight, the court ultimately considers what is in the child’s best interests rather than solely adhering to their wishes.
- Parent’s Stability and Conduct: Courts may also assess factors such as each parent’s stability, conduct, lifestyle, and any history of substance abuse, domestic violence, or criminal activity. Any behavior or circumstances that could potentially endanger the child’s well-being may impact custody decisions.
Sole Custody In Oklahoma:
When deciding which parent gets custody sole custody is one option. In a sole custody arrangement one parent has both legal and primary physical custody of the child. In this custody arrangement the non custodial parent is given what some refer to as standard visitation. This can be every other weekend or something along these lines.
Joint Custody in Oklahoma
Joint custody in Oklahoma is by far the most favored custody arrangement in the State. The legislature in Oklahoma passed statutes that assume joint custody is in the best interest of the child. This kind of legislation makes getting sole custody more difficult than joint custody. The Courts in Oklahoma have created a rule that the parent requesting something other than joint custody must prove to the court why the custody they are seeking is in the best interest of the child.
Child Custody Attorneys in You Can Count On
Ultimately, the overarching goal of the court is to ensure that the child’s best interests are served. This is done when they have the opportunity to maintain a meaningful relationship with both parents, whenever possible. While the legal process of determining custody can be challenging, with solid legal representation you can achieve your goal. For a Free consultation with a Oklahoma child custody attorney call Tulsa Divorce Attorneys And Associates law firm at 539-302-0303 or request information online by clicking this link