There Are Two Types of Custody in Oklahoma: Legal Custody and Physical Custody
- Legal Custody is the right to make decisions regarding your child(ren). These decisions include things like education or where they go to school, healthcare, religion, discipline, and activities.
- Physical Custody is best understood as the visitation schedule for each parent with the child(ren). This is the schedule for what days the child(ren) spend with each parent and will most likely include the holiday schedule for each year.
What Factors Are Considered in Awarding Legal Custody
- The starting point for most Oklahoma courts is joint legal custody to both parents.
- The courts will then consider the best interests of the child(ren):
- Which parent will best facilitate contact with the other parent?
- Each parent's communication with the other parent: is it civil or is it argumentative?
- Unique factors in determining visitation schedules, like:
- Any history of domestic violence.
- Drug use by a parent or significant other of a parent.
- Mental health issues for either parent.
What Factors Are Considered in Setting the Physical Custody Schedule
- The starting point for most Oklahoma courts is an equal time share between the parents.
- The courts must then consider the best interests of the child(ren):
- The parents' availability to personally care for the child(ren) based on work schedules.
- The historical contact with medical providers for the child(ren).
- Any special needs of the child(ren).
- The child(ren)'s preference if the child(ren) are old or mature enough to provide it.
- The history of a parent actually exercising visitation under their temporary order agreement.
- Providing support for the minor child(ren) with education needs:
- Do they get the child(ren) to school on time?
- Do they help the child(ren) complete necessary school work?
- Unique factors in determining visitation schedules, like:
- Any history of domestic violence.
- Drug use by a parent or significant other of a parent.
- Mental health issues for either parent.
Can I Modify Custody or Visitation?
The short answer is yes: custody and visitation are modifiable. There are specific requirements to make those changes and we can help you determine if this is a viable option for your specific situation. Some examples include:
- An event occurs that negatively impacts the child(ren).
- Blending families that causes issues for privacy for the child(ren).
- Any exposure of the minor child(ren) to domestic violence, drug abuse, or physical abuse.
- Child(ren)'s preference based on changes in either parent's home.
