What is a Legal Custody Arrangement and How Does it Work?

When parents separate or divorce in Oklahoma, one of the most important issues the court must decide is child custody, which is divided into two main types: legal custody and physical custody. While physical custody determines where the child lives, legal custody focuses on decision-making authority.

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What Is Legal Custody?

Legal custody gives a parent the authority to make major decisions about a child’s life, including:

• Education (school choice and educational needs)
• Healthcare (medical treatment, therapy, and insurance decisions)
• Religious upbringing (if applicable)
• Major extracurricular activities

Even if one parent has primary physical custody, legal custody can still be shared between both parents, depending on what the court determines is in the best interests of the child.

Types of Legal Custody in Oklahoma

There are two main legal custody arrangements in Oklahoma:

1. Sole
   One parent has full decision-making power. The other parent may still have visitation or parenting time, but they do not have a legal say in major life decisions.
2. Joint
   Both parents share responsibility and must cooperate to make major decisions for their child. Courts favor joint arrangements when both parents can communicate effectively and work together.

How Do Courts Decide on Custody?

Oklahoma courts apply the best interests of the child standard when determining custody arrangements. Judges consider:

• Each parent’s ability to cooperate and communicate
• The child’s relationship with each parent
• Each parent’s involvement in the child’s life and education
• Any history of domestic violence, abuse, or substance abuse
• The overall stability and safety of each household

Courts often prefer joint custody because it keeps both parents involved. However, if one parent is deemed unfit or unable to make sound decisions, the court may award sole custody to the other parent.

Can We Modify Custody Later On?

If circumstances significantly change—such as relocation, substance abuse issues, or consistent conflict—either parent can request a modification of custody. The parent requesting the change must show that it is in the child’s best interests.

Tulsa Child Custody Attorneys

At Kania Law Office, we understand that custody decisions can be emotional and complicated. Our experienced Oklahoma family law attorneys can help you navigate the legal process, whether you are seeking joint custody, sole custody, or modifying an existing order. For a free consultation with a Tulsa family law attorney, call Kania Law Office at 918.743.2233 or follow this link to ask a free online legal question.