Child Custody in Oklahoma
The Information You Need To Know from an experienced Oklahoma Custody Attorney
By Joshua C. Smith
Child Custody Cases can be among the most difficult cases in our legal system. In Oklahoma courts decide child custody disputes on the basis of what is in the child’s best interests. Generally, it is considered in a child’s best interests to have regular contact with both parents. However, if there is evidence that parent may cause harm to the child sole custody to one parent may be ordered.
Courts will often award joint custody if it appears both parents will be able to share parenting responsibilities effectively and without significant conflict. Oklahoma judges make custody decisions in a way that will create the greatest likelihood that the child will have frequent and continuing contact with both parents. The will generally favor the parent that is more likely to allow the child to have regular contact with the other parent.
There is no preference for mothers over fathers, or vice versa, in custody decisions in Oklahoma. If one parent is awarded sole custody, the other parent will have regular visitation rights unless there is a problem like physical or sexual abuse or substance abuse. In those situations the court may order supervised visitation or cut off visitation entirely for a period of time until the parent can show clear evidence of rehabilitation.
“It is crucial that you seek quality legal assistance immediately to ensure the best possible outcome”
In Oklahoma, if there is not a custody order set in motion by the state’s court system, both parents are eligible to claim physical custody of a minor child until a court makes a decision. If the child was born out of wedlock then a paternity case will generally need to be filed first before a court can determine custody. However, if the father of the child is named on the birth certificate, he is generally entitled to physical custody until the court says otherwise. If the child was born during valid marriage or if there already a paternity agreement in place, then either parent may claim custody.
Custody options
There are several forms of custody available under Oklahoma law. The first type is Joint custody. Parents with joint custody share physical care, legal care, custody, and control of their children. Parents seeking joint custody must submit a joint custody plan that sets forth which decisions concerning the children’s upbringing will be shared and not shared. The time-sharing schedule can vary with each family’s circumstance. The plan must also set forth the physical living arrangement for the child, child support, medical and dental care, visitation rights and the school district.
The second type is Sole custody. In this arrangement, one of the parties is awarded exclusive control of decisions regarding the children’s welfare. This is usually accompanied by the right of reasonable visitation with the non-custodial parent set on a case-by-case basis.
The third type is Split custody. Under the Oklahoma Child Support Guidelines, split custody happens when each parent is awarded custody of one or more of the couple’s children.
The last type is Birdnesting. This is a form of divided custody. The children stay in place, and the parents rotate in and out of the children’s home on a schedule. The parents may or may not share the alternate living quarters. It requires substantial cooperation between parents and is rarely successful over the long term.
Changing A Custody Order
When changing a custody order a parent must be able to prove that: (1) since the entry of the most recent custody order, there has been a permanent, substantial and material change of conditions, as a result of which (2) the minor child would be substantially better off if the modification were granted.
The change of conditions referred to above concerns the status of the custodial parent’s household. Changes in the life of the non-custodial parent are irrelevant in assessing proof of permanent, substantial and material change sufficient to warrant modification. Changes in the non-custodian’s life may apply only in deciding whether a child would be substantially better off if custody were changed. Sexual relationships are generally not relevant to warrant modification. A parent’s sexual behavior must relate directly to the child’s welfare to warrant a modification of custody. Absent evidence of harm to the child resulting from the relationship, a change in custody will not be warranted.
The Permanent Change Test for modification requires proof of permanent change before a modification will be granted. In other words, temporary changes in the custodial parent’s household will not support a change in custody. For example, if the custodial parent went through a brief period of unemployment or employment changes, but that period ends shortly, there should be no change in custody.
It is crucial that you seek quality legal representation immediately to ensure the best possible outcome in your case. Hiring an experienced family law attorney can help preserve your parental rights and relieve the stress and anxiety of a long and tedious custody case. Joshua C. Smith is an experienced and compassionate family law attorney in Oklahoma. He will provide you with priceless advice on how to best resolve your case.