There are many things that determine who gets custody, and due to the complexity of custody cases in Oklahoma, many will be specific to each situation. In any custody case, the primary focus is always the best interests of the child. Here are the top 10 factors that determine custody outcomes in Oklahoma.
1. Best Interests of the Child
The court’s paramount concern is the child’s best interests, which encompasses many factors, such as the child’s needs, the stability of each parent’s home, and the ability to provide a nurturing environment. The thing about defining what in the best interest of a child isn’t one set thing. Rather, the best interest is a total of the child’s environment. Its the totality of the facts leading to the child’s upbringings.
2. Parental Fitness
The court examines each parent’s fitness, considering factors such as mental and physical health, lifestyle, and any history of substance abuse or criminal activity and if a parent is deemed unfit, they may lose custody rights.
3. Child’s Relationship with Each Parent
The existing relationship between the child and each parent plays a crucial role, so, courts look for evidence of a strong, loving bond and consider the quality of time spent together.
4. Primary Caregiver Status
The primary caregiver, the one responsible for the day-to-day care, often has an advantage in custody decisions. This is because the courts like to maintain a consistent pattern for the children and this includes maintaining the primary caregiver.
5. Stability of the Home Environment
Factors such as the length of time the child has lived in the current home, the stability of the neighborhood, and the presence of extended family can influence the decision as courts favor a stable and consistent home environment.
6. Parental Cooperation and Communication
A parent’s willingness to cooperate with the other parent and facilitate a healthy co-parenting relationship is vital, so courts prefer arrangements where both parents can work together for the child’s benefit. If one parent withholds visitation from the other parent without a legally sufficient reason that parent could lose custody of the child.
7. Child’s Preference
If the child is of sufficient age and maturity, then it’s possible that the court may consider their preference. While not determinative, a child’s wishes can influence the outcome, especially in cases involving older children. The key here is that the preference expressed by the child be the childs preference not coaching from one parent over the other parent.
8. Any Evidence of Domestic Violence or Abuse
Any history of domestic violence or child abuse is a critical factor. Courts prioritize the safety of the child, and because of this, a parent with a history of violence may be denied custody or granted supervised visitation only.
9. Financial Stability
The ability of each parent to provide financially for the child’s needs, such as housing, education, and healthcare, is considered. While not the sole factor, financial stability is important in ensuring the child’s well-being.
10. Educational Opportunities
The court considers the quality of the educational opportunities available to the child in each parent’s home, such as proximity to schools, the parent’s involvement in the child’s education, and access to extracurricular activities.
Tulsa Oklahoma Family Lawyer
Things That Determine Who Gets Custody include many common sense considerations. In Oklahoma this involves a thorough analysis of many factors, all of which are centered around the best interests of the child. Understanding these factors can help parents prepare for custody proceedings and focus on what matters most—the well-being of their child. If you need help, contact the Tulsa family lawyers at Kania Law Office by calling (918)–743-2233 or online.
Tulsa's Local Child Custody Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of child custody attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
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