In many states, including Oklahoma, when determining visitation schedules or parenting time along with primary legal and physical custody, courts use the “Best Interest of the Child” test.
This test is very broad and allows for a lot of interpretation and discretion on the part of the courts to determine the custodial parent.
The test weighs many factors when coming to a determination as to what the best interest of the child is. A Tulsa child custody attorney will typically argue that a parent would serve the best interest of the child in terms of the parent’s:
- stability,
- future conduct,
- past conduct, and
- ability to care for a child.
The attorney should also argue for the child’s preference when appropriate.
Stability
The court will evaluate the stability of both parents, specifically their home life. A home that has strangers coming and going, roommates that are not known to the child, frequent moves, or a series of romantic partners is not considered a highly stable environment for a child.
In cases like those, the court is more likely to award primary custody to the other parent, assuming the other parent has a home life that is consistent and familiar to the child.
A stable environment is one the child is familiar with, feels safe in, has a friendly or familial relationship with all members of the household, and is provided regular meals and a clean room.
A parent who is able to offer a stable environment is more likely to become the custodial parent.
Future Conduct
When the court chooses a primary parent, often they are considering which parent is more likely to follow the custody order. The court decides which parent will foster continuous and frequent visitation with the other parent, siblings and family members.
Whether the parent will support visitation of all grandparents and family members of the other parent is also a strong factor in awarding primary custody.
If one parent has shown that they are able to responsibly and consistently follow custody orders, the court will regard the actions when considering who will be custodial parent. This includes picking up and dropping off for visitation on time, providing the child’s necessities to the other parent, and engaging in productive communication.
Past Conduct
This category addresses past behavior, criminal record or behavior, abuse and relationship with the child. A court will consider how each parent has treated their child in the past.
The parent that shows a willingness to foster positive growth, provided financially, provided age-appropriate discipline, has made sacrifices for their child, instilled moral values and has been the primary parent to communicate with doctors and teachers is more likely to be granted primary custody.
In contrast a parent with a history of domestic violence, child abuse, absenteeism, neglect, addiction, poor moral values demonstrated in front of the child, or who is engaged in any negative behavior in front of the child, is less likely to be awarded primary custody.
Ability
Ability to care for a child is another major factor the court considers because it significantly affects the child’s day-to-day life and comfort. The court breaks this factor into several important elements that must be present in order to show ability to care for the child. The elements include:
- Stable housing
- Adequate Food
- Clean clothing
- Best quality mental health care and physical health care
- Best quality school and assists with homework and school activities
- Development and growth opportunities, including moral values, religious outlets, manners, friend selection, sports involvement, and ensuring the growth of a contributing member of society
- Closest bond to child based on child’s expression of this bond
- Stimulation in the form of playing with the child
- Willing to foster relationship with other parent
Child’s Preference
Finally, the court will consider the child’s preference if determined that the child is of an age that they can make an “intelligent” decision.
Most courts presume children 12 years and older are of age to make an informed decision. In Oklahoma, children 12 and older may testify to the court about their preferences. However, it is up to the judge’s discretion on a case-by-case basis.
The court still makes the final determination based on what they believe is in the child’s best interest – even if it is contrary to the child’s wishes.
Free Consultation: Tulsa Child Custody Lawyer
Trying to determine the result of a custody hearing is difficult on your own. Consulting with a family law attorney can help you better understand the factors courts consider when making the primary parent determination. A family law attorney can also help prepare you and your case so you are awarded primary custodial parent.
Contact a skilled Tulsa child custody attorney for help with child custody and divorce representation.
For a free confidential consultation, call Divorce of Tulsa Law Office at 918-924-5526.
