Child custody is one of the most challenging and emotionally-charged legal issues people face in a divorce. Whether you're going through a divorce or a custody dispute as unwed parents, you need the help of a qualified Oklahoma legal team.
When you work with Bryan Stratton, you get counsel from a lawyer with years of experience in Oklahoma child custody cases, helping parents and guardians make the best decisions for their children.
Answers to Common Custody Questions
How does child custody work in an Oklahoma divorce?
Child custody means being the primary caregiver responsible for a child's health and well-being. If both parents agree on custody, courts generally honor that arrangement. When parents disagree, the court decides sole or primary custody and typically calculates a support order alongside it.
What about custody of children from unwed parents?
Courts often follow the parents' wishes when they agree, and can issue a custody order by a judge when they don't. In paternity disputes, custody may be decided as part of a paternity suit once paternity is established by the court.
What kinds of custody are there in Oklahoma?
Oklahoma recognizes legal custody (the right to make decisions for the child) and physical custody (where the child lives), each of which can be sole or joint: Sole Legal Custody, Joint Legal Custody, Sole Physical Custody, and Joint Physical Custody. Courts can also assign Temporary Custody while a permanent order is being prepared.
How does a court decide custody?
Courts usually grant Joint Legal Custody unless a parent is unwilling or unable to make good decisions for the child. Physical custody is decided based on the “best interests” of the child, weighing factors like each parent's health, relationship with the child, any abuse or substance history, involvement in school and medical care, stability of the home, and ability to provide for the child's needs.
How does visitation work?
Visitation is almost always ordered for the non-custodial parent unless they're shown unable or unwilling to provide proper care. Common types include Weekend Visitation, Summer Visitation, and Holiday Visitation, and courts can also design custom schedules.
Can a child make their own custody decision?
Oklahoma courts consider a child's wishes but the child cannot decide who to live with on their own. Judges weigh the child's request based on age, each parent's abilities, and other case-specific factors.
How Physical Custody Is Decided
Courts base physical custody on the best interests of the child's physical, mental, and moral welfare, including:
- The physical and mental health of each parent
- The quality of the parent-child relationship
- Any past, present, or possible future abuse
- Any past, present, or possible future substance abuse
- Any criminal records of either parent
- Involvement in medical appointments, school activities, etc.
- Willingness to support the child's relationship with the other parent
- Stability of the home environment
- Ability to provide for the child's physical and emotional needs
- Presence of siblings or half-siblings, and time available to spend with the child