Child Custody Decisions in Tulsa Family Court are based on the best interest of the child. Although this seems obvious getting to the best interest of the child is hotly disputed. Whether the parents are married to each other or not who gets custody is often fought over. Our family law attorneys have done thousands of custody cases in Oklahoma and understand whats at stake.
Child Custody Decisions Best Interest of The Child
The family Court in Oklahoma is where the final decision as to who gets custody is made. The Judge decides this based on many different factors. One of the most important factors is what the parents can agree on. Its always considered in the best of interest of the child if the parents can agree. In the event they cant agree the Court will do it for them.
Factors Used to Decide Custody in Oklahoma.
There are several factors the family court uses to decide which parent gets custody of the children. Among those is the age of the child, the emotional stability of the child, the amount of time each parent spends with the child and the behavior of the parents themselves. The important thing to remember is family law judges have a great deal of discretion. This means that they’ll look at all of the factors together and make their decision.
Who is The Custodial Parent in Oklahoma?
In Oklahoma the family court Judge decides who is the custodial parent. The custodial parent is the parent that has either sole custody of the child or has the child the majority of the time. Who the custodial parent is also depends if the parents have sole or joint legal custody or sole or joint physical custody. Even if the parents have joint physical custody of the child its still possible to designate a custodial parent.
Types of Child Custody in Oklahoma
Sole legal and physical custody means one parent is charged with all decision making for the child. This includes all legal decision making together with visitation. The parent with sole custody is the primary custodian. As the primary custodian this parent can decide where the child lives and how much visitation the child has with the other parent. Additionally, the parent with sole custody is able to ask the court for permission to relocate if they have good reason. Sole custody is disfavored by the family court in Oklahoma. Rather, family in Oklahoma presumes joint custody is in the best interest of the child. If a parent is seeking sole custody its up them to show why sole custody is in the best interest.
Joint Custody in Oklahoma can take several different forms. There’s joint legal and joint physical custody. Joint legal custody means that both parents share equally in the big important decision making for the child. This can include which school the child attends, which religion and other major decision making. Joint physical custody means how much time the child spend with each parent. This is called shared parenting. The time can be divided in any way the parents can agree. If the parents cant agree, after a hearing, the Court will decide.
Child Custody Attorney Near You.
If you’re facing a child custody problem we can help. It doesn’t matter if you’re married to the other parent or not. Either way you have a constitutional right to custody and visitation and we can make sure you get it. Call today and get a free consultation with one of our Tulsa custody Lawyers. (918) 743-2233