What You Need To Know About Child Custody In Oklahoma
Child custody is an emotional topic for all parents, and legal/court proceedings are notorious for bringing out the worst in people. For these reasons, custody disputes are often quite contentious and ugly and considering what’s at stake in the outcome, it is usually best to hire an attorney to work on your behalf or, at a minimum, review any agreement reached between you and the other parent.
The dedicated child custody attorneys at Worden & Carbitcher have the experience that parents need to guide them through the custody process, always seeking the child’s best interests and advocating on behalf of the parent’s. Contact us today for a free consultation.
How Do I Get Sole Custody In Oklahoma
In Oklahoma, the court does not have an agenda to award one parent sole custody. Rather, the court takes into account what is in the best interest of the child. Specifically, the court considers: Parents wishes or preferences regarding the care of the child.
Secondly, Is sole custody good for the child? Sole legal custody is a good option if there are issues that make one parent unfit or unavailable to make sound decisions for the kids. But pursuing sole legal custody without a sound reason will likely be denied in family court.
How do I get full custody of my child?
Factors Considered for Granting Full Custody
Similarly, Is Oklahoma a mother state for custody? When parents of a child were never married, Oklahoma law places sole legal and physical custody of the child automatically with the biological mother, even if the father signed an acknowledgement of paternity, and even if the father is named on the childs birth certificate.
How Do You Modify Child Custody In Oklahoma
If there is one constant in life, it is that change happens. As such, you may need to modify a child custody agreement to ensure it makes sense as your childs needs change. You might also need to make a modification due to another reason, such as relocating. In Oklahoma, you can modify an existing child custody order due to a permanent and material change in circumstances. Today, we review how to modify a child custody order in Oklahoma and what you need to know about filing a Motion to Modify Custody Order.
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Quick Guide On How To Complete Emergency Custody Oklahoma
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Child Visitation Under Oklahoma Law
Oklahoma family courts generally follow the following principles when determining visitation rights of non-custodial parents:
- Children do best when both parents have a stable and meaningful involvement in their children’s lives.
- Each parent has different and valuable contributions to make to their children’s development.
- Absent a showing of harm, children should be have structured, routine time as well as unstructured time with each parent.
- Parents who can mutually agree on visitation schedules, and who can agree to be flexible, should be given a preference over court-imposed solutions.
- Divorced/separated parents have inherent obligation toward their children, including avoiding open conflict, maintaining consistent rules and values, adjusting schedules when necessary, etc.
What Determines Custody In Oklahoma
In Oklahoma, the court does not have an agenda to award one parent sole custody. Rather, the court takes into account what is in the best interest of the child. Specifically, the court considers:
- Parents wishes or preferences regarding the care of the child
- Childs preferences or wishes
- Parents financial resources and jobs
- Parents home environment
- Parents relationship and interactions with the child
- History in the family of abuse or neglect, or any criminal history of abuse or neglect
- Parents plans on relocation versus staying in the state
- Childs relationships with other family members
- Childs adjustment to a new living arrangement, community and school
- History of a parents compliance with custody, parenting decisions and child support
Fathers Rights In Oklahoma Ok
Fathers rights ensure that both parents have equal rights to custody. Gender should never be a consideration when determining what is in the best interests of the child. The childs father should always have equal consideration unless there is a reason not to grant them custody.
If establishing paternity is important in your case, then your attorney can help you. However, in Oklahoma, the mothers husband is presumed to be the father. In the case of unmarried couples, there is no presumption of paternity and you are only the childs legal father if your name is on the childs birth certificate. This is usually done at birth when both parents sign an Acknowledgement of Paternity .
If you are concerned about your parental rights then seek legal representation as soon as possible.
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Talk About Relocation With Your Children
Sit down with your children and discuss your intended move with them. Children do not take leaving behind the familiar and starting a new life elsewhere very well.
Reassure them that the move is in their best interests and that they will continue to have time with their other parent. Briefing and reassuring the children will make it easier for them to handle the relocation.
You Got To File For It And Then You Got To Go To Court
Video Transcribed: How do I get full custody of my child? Im Tulsa attorney James Wirth, and Im answering frequently asked questions. And thats the question we have here is how do I get full custody? Well, you got to ask for it.
You got to file for it and then you got to go to court and either get agreement, or get a judge to decide that thats whats in the best interest of the child, but it depends a little bit on where you start off. So if you are married, then you and your spouse ha defacto kind of have joint custody.
You dont have any legal document. You dont have any legal determination, but neither one of you has superior rights to the other. So if you want those superior rights, you need to file with the court. And if you file the divorce action requested for custody, or if you dont want a divorce, you can file a legal separation requesting for custody.
And then its going to be on you to show evidence to the court that its in the best interest of the child for you to have sole custody. And that means for you to have sole legal decision making for the big decisions in the childs life.
And then the court also has to determine what is appropriate for the relationship between the child and the other parent as far as visitation. So long story short, if youre wanting to know how to get full custody, you got to request it.
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How And When A Custody Order Can Be Modified
To modify an existing custody order, you must file a Motion to Modify Custody, usually in the same court that granted your original custody order. The court will then set a hearing where both parties can argue their case to change the custody order or to leave it the same.
The standard for changing a custody order is different for sole custody than it is for joint custody. For the court to change a sole custody order, the petitioning parent must show that there has been a change in circumstances that is 1) substantial – major or significant, 2) permanent – not temporary, and 3) material – actually related to the child’s custody. In some cases, if the child is over the age of 12, the judge will consider the child’s desire to change the custody order as sufficient to grant the modifications. The change in circumstances must have arisen since the initial order evidence of parental unfitness prior to the original order, for example, will be excluded.
Free Consultation: Tulsa Child Custody Attorney
Your choice of a Tulsa divorce attorney is critical, especially regarding any issues about sole custody in Oklahoma. Before you retain our family law attorneys, you are invited to have a free, confidential, no-obligation consultation to help you determine whether our family law services can meet your particular needs.
For a free consultation with a Tulsa child custody attorney about your concerns, call the Divorce Law Office of Tulsa today at .
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Are There Any Exceptions To The Home State Rule
Yes, there are exceptions to the home state rule.
In some cases, you can file for custody in a state where the children and at least one parent have significant connections if there is a lot of evidence available in that state concerning the childs care, personal relationships, etc. You can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction.1 This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this. For a list of legal resources, please see our OK Finding a Lawyer page.
You can also file for temporary emergency jurisdiction in a state other than the home state if the child is present in the state and:
1 43 O.S. § 551-201
Contact A Kansas City Child Custody Lawyer At Cannon & Associates Today
When you are dealing with important family law matters such as child custody, it is important to know you have an attorney representing you who has the skills, experience, and resources necessary to do everything possible to protect your interests and those of your children.
At Cannon & Associates, we are proud to be spearheaded by John Cannon, who has an AVVO rating of 10.0, the highest possible rating based on things like years of experience, awards, and client reviews. We have handled numerous cases just like yours before, and are prepared to become your fiercest advocate.
We are also proud of our emphasis on the attorney-client relationship. We will be on hand throughout your journey to answer your questions, keep you informed, and ease your stress. We know how important your children are to you, and we will do everything possible to meet your legal needs, and protect your future.
Contact us today for a free consultation, at tel:4055913935.
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Child Custody Laws In Oklahoma
Oklahoma courts address various aspects of child custody, including physical, legal and primary custody. The concepts overlap. A parent at various times might have physical custody but not sole custody, joint custody but not primary custody, or joint custody and not physical custody.
An understanding of the concepts is important for a dad while restructuring parenting roles and schedules in family court.
What Factors Do The Court Take Into Consideration When Determining Custody
The court is required to allocate custody based on what is in the best interests of the child. Usually, this means creating as little disruption to the childs life as possible. The decision can involve many factors, such as:
- The wishes of the child .
- The quality of the relationship between the child and each parent.
- The wishes of each parent.
- The mental and physical well-being of all parties.
- The ability of each parent to meet the childs needs.
- How involved each parent has been in the past i.e. making doctors appointments, and attending school meetings.
- The childs relationships and proximity to school, community, and religious institutions.
- The childs relationship with siblings, grandparents, and other significant people
- Any history of abuse, and potential for future abuse.
- Past criminal records of either parent.
- Each partys parenting ability.
- Any substance abuse of either parent.
- Each parents ability to spend time with the child.,
- The willingness of each parent to accommodate and grant regular visitation.
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How Can Unwed Fathers Get Child Custody In Oklahoma
Fathers who were or are married sometimes have difficulty getting custody and visitation with their children. For unwed fathers, the situation is even more challenging. An unmarried fathers legal rights in Tulsa, Oklahoma are limited to those he establishes through a legal process.
Unwed fathers can successfully obtain custody of their children in Oklahoma however, they must follow the proper steps. When you hire a compassionate Tulsa mens rights lawyer, you have an advocate on your side that is familiar with the family court and who knows the best course of action.
What Options Are There For Legal Custody
There are 2 options for legal custody: sole legal custody or joint legal custody.
A judge may give you or the other parent sole legal custody. A parent with sole legal custody has the right to make major decisions about the child, while the other parent does not have that right. If you have sole legal custody, you get to make decisions about things like the childs education, healthcare and religion.
A judge may also give you joint legal custody with the other parent. In this case, both you and the other parent would share the same rights and responsibilities to make the major decisions affecting your childs life. This means that both parents get to decide things like where your child goes to school, what kind of religious training your child receives, and whether your child needs surgery. Often times in domestic violence situations, this is not a good option because it requires you and the abuser to talk, negotiate, and agree on decisions.
It is possible that both parents can have joint legal custody while only one parent has physical custody. This means that the child lives with one parent, but both parents make the major decisions about the childs welfare.
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Contact Self Legal Group Pllc Today
Choosing to file for divorce can be a difficult and daunting decision, especially if there are any minor children involved. If you are going through a divorce, thinking about filing, or a paternity action, the best thing you can do is work with an attorney you can trust. An experienced family law and child custody attorney will help you be sure that you are arriving at the appropriate child custody and visitation agreement and represent the best interest of you and your children in the event of a divorce case or paternity action.
If you are considering filing a petition for divorce or paternity action and will need to determine custody, contact our team of divorce and family law attorneys at Self Legal Group, PLLC in Oklahoma City. Our lawyers can help you assess what your case and child custody agreement will look like and fight for the rights of you and your children. Contact one of our attorneys in OKC today for a free 15-minute consultation.
Can I Get Temporary Emergency Custody
When you file a motion for an emergency custody hearing in Oklahoma, the motion must include either:
The judge is supposed to hold a hearing within 72 hours. If the judge fails to conduct a hearing within such time, you can bring the motion to the presiding judge of the judicial district, who is supposed to conduct an emergency custody hearing within 24 hours.1
Depending on the specifics of your case, an emergency order can grant you custody, change your custody order, or terminate the other parents visitation.
If you also file a request for a more permanent custody order before the hearing date, the court will generally have the power to keep a temporary custody order in place until a final hearing.
You may want to consult a lawyer before filing for emergency custody. To find one in your area, go to the OK Places that Help page.
1 43 O.S. § 107.4
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Is There A Such Thing As Sole Legal Custody And Sole Physical Custody
Both situations of sole legal custody and sole physical custody exist. Between the two there are legal distinctions that are established by law. Regarding that, understanding the rights involved is crucial. In some cases, you can have joint legal custody but sole physical custody. Under this arrangement you must know what laws you are dealing with and how to work within them.
For a sole legal custody, only one parent makes the major life decisions regarding the childs well-being and welfare. Normally under sole legal custody, the other spouse cannot make decisions on behalf of the child.
For a sole physical custody, the child resides with one parent. Visitation under sole physical custody can be afforded to the other parent, unless the court determines it is unsafe. Child support, then, may become an issue.
As with any custody proceeding, understanding the laws and language are essential. This provides a healthy path moving forward on how to proceed and start planning. Custody hearings are taken seriously in Oklahoma. The laws that revolve around custody help serve the child and protects them during a difficult time.