In order to get full custody in Oklahoma, a parent must ask for custody. This sounds simple, but custody battles can be messy. Parents embroiled in custody disputes generally feel strongly about their positions. Courts often prefer to award joint custody if possible. But there are times when joint custody is not the way to go. In that case, a parent must request full custody of a child.
Getting Full Custody In Oklahoma
Custody requests require a motion before the court and at least one or more hearings depending upon the basis upon which the parent is requesting sole custody. Sometimes, parents can agree to full custody residing within one parent or the other. This is most often the exception, not the rule. Usually, you will need the help of an experienced Tulsa child custody attorney.
While parents battle, courts look to what is in the child’s best interests. Understanding this can go a long way in a custody dispute.
Full Custody Disputes: The Best Interests Of The Child
When parents are living together, they in essence have a form of joint custody. Neither parent is superior to the other in terms of decision-making regarding their child. But in divorce, if parents cannot agree upon custody then a court will decide based upon what is in the best interests of the child.
“Best interests of the child” is a term we hear often, but may not understand. How does a court decide what is in the best interests of a child? Each child and their home life is unique. Therefore, courts look to several factors to determine what is in a child’s best interests in a custody dispute.
A parent must be able to meet their child’s physical and emotional needs. These are survival needs, and a court will look to determine how best to meet these survival needs first. Food, clothing, a stable home life, love, and care are all important factors.
Also, the court will consider which parent or parents are emotionally available to their children. Courts now believe that regular contact and a continuing relationship with both parents are important to a child’s well-being. Thus, courts will often award primary custody to the parent who is best able to ensure a stable and continuing relationship with the other parent.
When a parent is seeking sole custody, they must show a court that doing so will be in the child’s best interests. Your Tulsa divorce attorney can help you understand what a court may find persuasive and what information should and should not be put before the court. This is not a matter to try to handle on your own. Too much rides on the outcome.
Free Consultation With A Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
