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.
Custody Questions We Hear Most in Tulsa
Does Oklahoma favor mothers in custody cases?
No. Oklahoma law does not prefer either parent because of their sex. Judges decide custody based on the best interests of the child, and most Tulsa County courts start from joint legal custody unless there is a reason not to, such as domestic violence or substance abuse.
At what age can a child choose which parent to live with in Oklahoma?
There is no age at which a child decides. Oklahoma courts may consider the preference of a child who is old enough to express an intelligent opinion, and the law presumes a child who is 12 or older is old enough. The judge still makes the final decision based on the best interests of the child.
What is the difference between legal custody and physical custody?
Legal custody is the right to make major decisions about the child, such as school, medical care and religion. Physical custody is the schedule that sets which days the child spends with each parent, including holidays and summer. Parents can share both, or one parent can have primary physical custody with a visitation schedule for the other.
Can a custody or visitation order be changed later?
Yes. Either parent can ask the court to modify the order when there has been a material change in circumstances since the last order and the change is in the best interests of the child. Common examples are a move, a change in work schedule, or a parent who is not following the current order.
What can I do if the other parent does not follow the visitation schedule?
Keep a written record of every missed exchange and ask the court to enforce the order. Oklahoma courts can order make up parenting time, require the parents to attend counseling or mediation, hold the violating parent in contempt, and in some cases order that parent to pay your attorney fees.
Can grandparents get visitation in Oklahoma?
Only in limited situations. Oklahoma allows a grandparent to ask for visitation when the family unit has been disrupted, for example by a divorce, a parent's death or a parent who is unfit, and only if the visitation is in the best interests of the child. These cases have specific requirements, so talk with an attorney before filing.
