Once you and your spouse or unmarried partner split up, you’ll have to determine what custody arrangement you want in place. This is certain and must be done in both divorce and paternity cases. Most parents, when asked what type of custody they prefer, respond that they want sole custody. It is understandable given that most parents want as much time with their children as possible. Before deciding if you can get sole custody its important to explore the options available in the State of Oklahoma.
What Family Courts in Tulsa Prefer
Sole custody is always possible but to get it you both must agree or you must overcome the States presumption regarding child custody. Oklahoma Statutes begin with a presumption that the best interest of the child is met with joint custody. Joint custody comes in many forms but generally it presumes equal access to the kids. When we deal with a presumption the party that disagrees with it bares the burden of proof that its not in the best interest of the child. This means that if you want sole custody and the other parent disagrees you must show that it’s not in the best interest to have joint custody.
Tools Available to Get Sole Custody
The first thing to realize is that the parents can always agree on custody. This isn’t as unusual as you might think. Many times, it’s just not practical for one parents to have full custody. There are lots of different reasons for this ranging from work on down to preferring not to have it. In any event, the courts always prefer that parents reach an agreement and will enter any child custody order that is reasonable.
If one of the parents has a history of domestic violence the presumption is against that parent having joint custody. The domestic violence must be verifiable. This is done with a showing of domestic assault and battery convictions or protective orders that are carried out to the end. Other violent convictions also act to rebut the presumption of joint or sole custody for the offending parent.
Drug and alcohol abuse is another thing that creates a presumption against joint custody. The family courts always find that continued drug and alcohol abuse puts the children in danger. Its simple, a parent is not able to care for a child in most custody situations if they’re drunk or on drugs. The easiest way to show drug and alcohol abuse is through recent convictions. If you cannot do this a motion for drug testing where they show positive will do. If you have witnesses with personal knowledge of the drug and alcohol abuse this is also extremely helpful.
Free Consultation With Our Tulsa Lawyers
If you’re in the middle of a child custody case our Tulsa lawyers can help. Child custody litigation grows out of many different relationships. From a divorce or modification of custody on to a paternity case to name a few. Whatever your circumstance a determined well-reasoned child custody attorney is what you need in your corner. Call today and get a Free consultation