Courts Consider the Best Interests of a Child
One of the ugliest aspects of divorce is the battle over child custody. In Oklahoma, child custody is determined based on the best interests of the child. This means that the court looks at a number of factors to determine what is in the child’s best interests, including the child’s age, health, relationship with each parent, and the ability of each parent to provide for the child’s physical, emotional, and educational needs.
Legal Standards for Child Custody in Oklahoma
When determining child custody, Oklahoma courts use a “best interests of the child” standard. This means that the court will consider a number of factors to determine what is in the best interests of the child. These factors include the child’s age, health, relationship with each parent, and the ability of each parent to provide for the child’s physical, emotional, and educational needs.
In addition to the best interests of the child standard, Oklahoma courts also consider the child’s preference if the child is over the age of 12. However, this preference is not the deciding factor and the court will also consider other factors such as the child’s safety, stability, and overall well-being.
Types of Child Custody in Oklahoma
There are two types of child custody in Oklahoma: legal custody and physical custody. Legal custody refers to the decision-making authority for the child. This includes decisions about the child’s education, medical care, and religious upbringing. Physical custody refers to the physical care and responsibility for the child. This includes where the child will live and who will be responsible for their day-to-day care.
In Oklahoma, courts can award joint custody or sole custody. Joint custody means that both parents have equal decision-making authority and responsibility for the child. Sole custody means that one parent has full decision-making authority and responsibility for the child.
The Role of a Guardian Ad Litem in Oklahoma Child Custody Cases
In some cases, the court may appoint a guardian ad litem (GAL) to represent the best interests of the child during the custody proceedings. A GAL is an attorney who is appointed by the court to investigate the child’s living situation and make a recommendation to the court regarding custody and parenting time. The GAL will interview the child, the parents, and any other relevant parties and may also conduct home visits. The GAL’s role is to provide the court with a neutral and unbiased assessment of the child’s situation.
Modifying Child Custody in Oklahoma
Once a child custody order is in place, it can be modified if there is a significant change in circumstances. Examples of a significant change in circumstances include a change in the child’s living situation, a change in the parents’ living situation, or a change in the child’s relationship with one of the parents. If a parent is seeking to modify a child custody order, they must file a motion with the court.
Free Consultation: Tulsa Child Custody Attorneys
Nothing is more important that ensuring your child’s future. If you have children and are in the midst of a divorce, it is in you and your child’s best interests to contract the services of a skilled Tulsa child custody attorney. The Divorce Law Office of Tulsa offers free consultations with experienced child custody lawyers in Tulsa. Simply call us at 918-924-5526 to discuss your case. Or, if you prefer email, you can fill out the contact form at the top of the page. Whichever method you choose, an Oklahoma child custody lawyer will be in touch with you soon.
