Oklahoma Child Custody and Visitation Rights
The Information you need to know
By Joshua C. Smith
What is Child Custody?
Child custody is a deeply emotional issue for all parents, and legal proceedings often exacerbate tensions. Due to this, custody disputes tend to be contentious and fraught with emotion. Given the high stakes involved, it is advisable to enlist the services of a qualified attorney to represent your interests or, at the very least, to review any agreements made between you and the other parent.
“The Law Office of Joshua C. Smith has been helping Oklahoma families with child custody for over a decade.”
What are the Different Types of Custody?
Legal Custody: This pertains to the right to make decisions regarding the upbringing of the child, encompassing educational, disciplinary, and medical matters. Courts may grant either joint legal custody to both parents or sole legal custody to one.
Physical Custody: This involves the right to determine the child’s primary residence and entails the responsibility for their physical care and supervision. Courts may award sole physical custody to one parent or joint physical custody to both.
Sole Custody: In this scenario, one parent is granted exclusive legal and physical custody of the child.
Joint Custody: Here, both parents share equal rights in making decisions concerning the child’s upbringing and share physical custody.
What factors are considered when courts determine custody?
Oklahoma courts prioritize the best interests of the child when determining custody arrangements. If parents reach an agreement, they can propose a joint custody arrangement to the court, which will typically be granted, albeit with possible modifications suggested by the judge.
If an agreement cannot be reached, the court considers various factors, including:
- Each parent’s wishes
- The child’s preferences, especially if they are over 12 years old
- Each parent’s ability to spend time with and meet the child’s needs
- The stability and suitability of each parent’s home environment
- The physical and mental health of each parent
- Any history of substance abuse or criminal activity by either parent
- The willingness of each parent to facilitate the child’s relationship with the other parent
In cases of joint custody, parenting time may not necessarily be evenly split between parents, with schedules often tailored to fit each parent’s work commitments.
How to courts distinguish custody and visitation
Custody encompasses the legal authority to make decisions about the child’s upbringing and residence. Visitation refers to the time the non-custodial parent spends with the child. Oklahoma courts encourage frequent contact between the child and the non-custodial parent, with visitation terms specified in the custody order.
If visitation is denied without valid reason, the non-custodial parent can seek legal recourse, potentially resulting in makeup visits and payment of attorney’s fees. Notably, failure to pay child support does not justify withholding visitation unless there are genuine safety concerns, in which case emergency custody procedures may be initiated.
What are the rights and responsibilities of divorced and unwed parents?
Divorcing parents are urged to participate fully in their children’s lives, with custody matters addressed as part of the divorce process. Unwed parents must establish paternity before custody arrangements can be formalized by the court.
Both divorced and unwed parents have rights including physical and legal custody, inheritance rights, and access to information about the child’s well-being. They also bear responsibilities such as financial support, meeting the child’s needs, and safeguarding them from harm.
Hiring an Experienced Oklahoma Family Law Attorney?
Navigating custody proceedings can be complex and emotionally taxing. Experienced legal counsel can provide invaluable support in safeguarding the best interests of your child. For tailored guidance and representation, consider consulting with a reputable Oklahoma custody attorney. The Law Office of Joshua C. Smith has been helping Oklahoma Families with child custody for over a decade. Contact the Law Office of Joshua C. Smith to see why he is regarded as a highly skilled, but compassionate family law advocate.